
i^^^jfi 



Bti]^n i9i6«. 



Published monthly by the 

New York State Education Department 



BULLETIN 361 



DECEMBER 1905 



Department Bulletin 



No. I 



THE CONSOLIDATED SCHOOL LAW 

OF THE 

STATE OF NEW YORK 

WITH THE 

RULES OF PRACTICE RELATING TO APPEALS 

AND 

GENERAL LAWS AND SPECIAL ACTS RELATING TO SCHOOL 
ADMINISTRATION 



In force on Oct. i, 1905 



PAGE 

Unification act 1904 3 

Consolidated School law 6 

Rules Relating to Appeals .... 131 



PAGE 

General laws and special acts. .|*i39 
Index 203 



ALBANY 

NEW YORK STATE EDUCATION DEPARTMENT 
1905. 



Gioni-Ss-5000 






STATE OF NEW YORK \ '^ ^ --' 

EDUCATION DEPARTMENT f^ 

Regents of the Univeraty f » fll l^ " 

With years when terms expire * \ - 

1913 Whitelaw Reid M.A. LL.D. Chancellor - - New York 

1906 St Clair McKelway M.A. L.H.D. LL.D. D.C.L. 

Vice Chancellor Brooklyn 

1908 Daniel Beach Ph.D. LL.D Watkins 

1914 Pliny T. Sexton LL.B. LL.D Palmyra 

1912 T. Guilford Smith M.A. C.E. LL.D Buffalo 

1907 William Nottingham M.A. Ph.D. LL.D. . . Syracuse 

1910 Charles A. Gardiner Ph.D. L.H.D. LL.D. D.C.L. New York 

1915 Charles S. Francis B.S Troy 

191 1 Edward Lauterbach M.A. LL.D New York 

1909 Eugene A. Philbin LL.B. LL.D New York 

1916 LuciAN L.Shedden LL.B Plattsburg 

Commissioner of Education 

Andrew S. Draper LL.D. 

Assistant Commissioners 

Howard J. Rogers M.A. LL.D. First Assistant Commissioner 
Edward J. Goodwin Lit.D. L.H.D. Second Assistant Commissioner 
Augustus S. Downing M.A. Third Assistant Commissioner 

Secretary to the Commissioner 

Harlan H. Horner B.A. 

By transfer Director of Libraries and Home Education 

JUL 28 1906 Melvil Dewey LL.D. 

Director of Science and State Museum 

John M. Clarke Ph.D. LL.D. 

Chiefs of Divisions 

Accounts, William Mason 

Attendance, James D. Sullivan 

Examinations, Charles F. Wheelock B.S. LL.D. 

Inspections, Frank H. Wood M.A. 

Law, Thomas E. Finegan M.A. 

Records, Charles E. Fitch L.H.D. 

Statisticr,, Hir^vm C. Case 

Visual Instruction, DeLancey M. Ellis 



New York State Education Department 



(^^ 



Department Bulletin 



No. I 



THE CONSOLIDATED SCHOOL LAW 

OF THE 

STATE OF NEW YORK 

WITH THE 

RULES OF PRACTICE RELATING TO APPEALS 

AND 

GENERAL LAWS AND SPECIAL ACTS RELATING TO vSCHOOL 
ADMINISTRATION 

In force on Oct. i, 1905 



UNIFICATION ACT 1904 

Chapter 40 
An act to provide that "the University of the State of New York " shall be 
governed and its corporate powers exercised by 11 Regents, and to provide 
for their election; and to provide for a Department of Education and the 
election of a Commissioner of Education, 

Became a law Mar. 8, 1904, with the approval of the Governor. Passed, 
three fifths being present. 

The people oj the State of New York,' represented in Senate and 
Assembly, do enact as jollows: 

§1 Government of University. On and after the first day of Government uf 
April, 1904, the corporation designated by the Constitution as 
"the University of the State of New York" shall be governed 
and its corporate powers exercised by 1 1 Regents. The term of 
ofifice of the Regents now in oiifice, not selected as herein provided, 
shall cease and determine on said first day of April following the 
election of the 11 Regents hereinafter provided for. There shall 
be no "ex oi^cio " members of the Board of Regents. 

§2 Election of Regents. Within 10 days after tiie passage of Election of 
this act the Legislature shall proceed to the election of 1 1 Regents 
of the University of the State of New York, in the manner now 



4 i^'EW YORK STATE EDUCATION DEPARTMENT 

prescribed by law for the election of a Regent. Such Regents 
shall be elected for the term of i, 2, 3, 4, 5. 6, 7, 8, 9, 10 and 11 
years respectively, from the first day of April, 1904. The Secretary 
of State shall issue to each of the persons so elected a certificate 
of election, in the same manner as certificates are now issued to 
elected members of the Board of Regents. Such Regents shall 
be selected from those who are now Regents of the University of 
the State of New York, and so far as may be, that one shall be 
chosen from each judicial district. The successors in office for a 
full term of the Regents thus elected shall in the same manner 
be elected by the Legislature in the second week of February in 
each year, to serve for a period of 11 years from the first day of 
April succeeding such election. If a vacancy in the Board of 
Regents shall occur in a judicial district, (that is, in the territory 
comprising the same as now constituted) from which there remains 
one or more representatives on said Board, and there shall at the 
same time be a district not represented on the Board by a resident 
thereof, such vacancy shall be filled by the election of a Regent 
from such unrepresented district. A vacancy in the office of Regent 
for other cause than expiration of term of service, shall be filled 
for the unexpired term by an election at the session of the Legisla- 
ture immediately following such vacancy, unless the Legislature 
is in session when such vacancy occurs, in which case the vacancy 
shall be filled by such Legislature. 
Commissioner §3 Commissioner of Education. Within lo days after the 
passage of this act, the Legislature shall elect a Commissioner of 
Education in the same manner as members of the Board of Re- 
gei^ts are now elected, who either may or may not be 'a resident 
of the State of New York. The Commissioner shall receive an 
annual salary of $7500, payable monthly, and shall also be paid 
$1500 in lieu and in full for his traveling and other expenses, also 
payable monthly. He shall enter upon the performance of the 
duties of his office on the first day of April, 1904. The Commissioner 
of Education first elected shall serve for the term of six years 
unless sooner removed for cause by the Board of Regents, and the 
Legislature shall fill any vacancy that may occur during such 
period of six years for the balance of the term, in the manner 
provided by section 3 of this act, and all successors in office after 
such term of six years, shall serve during the pleasure of the. Board 
of Regents, and all vacancies in the office of Commissioner of 
Education after such six years shall be filled by appointment by 
the Board of Regents 



oi Education 



CONSOLIDATED SCHOOL LAW 5 

§4 Powers of Commissioner. The office of Superintendent of p*^^^'^^? "/ 

^ Commissioner 

Public Instruction and the office of Secretary of the Board of 
Regents shall be abolished from and after Ap. i, 1904, and the 
powers and duties of said offices shall be exercised and performed 
by. the Commissioner of Education. All the powers and duties 
of the Board of Regents in relation to the supervision of elementary 
and secondary schools including all schools, except colleges, tech- 
nical and professional schools, are hereby devolved upon the 
Commissioner of Education. The said Commissioner of Educa- 
tion shall also act as the executive officer of the Board of Regents. 
He shall have power to create such departments as in his judg- 
ment shall be necessary. He shall also have power to appoint 
deputies and heads of such departments, subject to the approval 
of the State Board of Regents. Such heads of departments shall 
appoint, subject to approval by the Commissioner of Education, 
such subordinates in their respective departments as in their judg- 
ment shall be necessary. The Commissioner of Education, for the 
first year of his incumbency, subject to approval by the State 
Board of Regents, shall fix and determine the salaries of all depu- 
ties, appointees and employees within the appropriations made 
therefor and in accordance with existing laws. The Board of 
Regents of the University shall have power to establish such rules 
and regulations as are necessary to carry into effect the statutes 
of this State relating to education, and, subject to the provisions 
and limitations of this act, shall also possess all the powers now 
exercised by the present State Board of Regents. Nothing in 
this act shall be construed to affect the powers of the Board of 
Regents in relation to colleges, universities, professional and tech- 
nical schools, libraries (other than public school libraries), museums, 
university extension courses and similar agencies. 

§5 Of appropriations. All appropriations of public money Appropriations 
made in support of the common school system, as heretofore 
administered by the State Superintendent of Public Instruction, 
and all such appropriations in aid of secondary education hereto- 
fore apportioned and certified by the Regents of the University, 
shall after certification by the Commissioner of Education herein 
created, be paid by the State Treasurer on the warrant of the Comp- 
troller, and all employees and appointees in either the Department 
of the Regents or Department of Public Instruction shall be eligi- i 

ble for transfer and appointment 4;o positions in the office of the 
Commissioner of Education herein created. 

§6 All acts and parts of acts so far as inconsistent w^th this act 
are hereby repealed. 

§7 This act shall take effect immediately. 



6 NEW YORK STATE EDUCATION DEPARTMENT 

THE CONSOLIDATED SCHOOL LAW 

Chapter ^j6 as amended to the close of the session of igo^ 
Laws of i8q4, ch. j^6 

An act to revise, amend and consolidate the general acts relating to public 

instruction 

Became a law May 8, 1894, taking effect June 30, 1894 

TITLE I 

State Superintendent of Public Instruction, his election, and general powers 

and duties 

TITLE II 

State and other school moneys, their apportionment and distribution; and 
trusts and gifts for the benefit of common schools 

Art, I Of the state school moneys, and their apportionment by the Super- 
intendent of Public Instruction, and payment to county and 
city treasurers 
n Of the apportionment of state schools moneys, and of other school 
moneys by the school commissioners and their payment to the 
supervisors 
III Of trusts for the benefit of common schools, and of town school 
funds, fines, penalties and other moneys held or given for their 
benefit 

TITLE III 

Supervisors, disbursement of school moneys by, and some of their special 
powers and duties under this act 

TITLE IV 

Town clerks, their duties under this act 

TITLE V 
School commissioners, their election, powers and duties 

j TITLE VI 

School districts, formation, alteration and dissolution thereof 

TITLE VII 

Meetings in common school districts, the election of school district officers, 

and their powers and duties 
Art. I Of common school district meetings; who are voters, and their 
powers 
n Of district schoolhouses and sites 



rONSOLTDATFD SCTTOOL LAW *f 

III Of the qualification, election and terms of office of district officers, 

and of vacancies in such offices 

IV Of the duties of district clerk and treasurer 
V Of pupils and teachers 

VI Of trustees, their powers and duties; and of school taxes and 
annual reports 
VII Of the assessment of district taxes, and the collection of such 
taxes; and of the collector, his powers, duties and liabilities 

TITLE VIII 

Union free schools, how established, who are voters at meetings and their 
powers; election and terms of office of members of boards of education, 
and powers of such boards 

Art I Of the proceedings for the establishment of union free schools; 
powers of votefs at meetings ; classification of terms of office 
and election of members of boards of education; certified 
copies of proceedings of meetings to be filed; board of edu- 
cation to elect a president and appoint a treasurer and collector 
II Of the qualifications of voters in union free school districts; and 
of meetings of such voters and their powers 

III Of annual and special meetings, and of election of members of 

boards of education and clerk in districts where the number 
of children exceeds three hundred 

IV Of the powers and duties of boards of education 

V Of the alteration of union free school districts; the increase or 

diminution of number of members of boards of education, and 
of dissolution of union free school districts 

TITLE IX 
Acquisition of schoolhouse sites 

TITLE X 

Teachers institutes 

TITLE XI 
Teachers training classes 

TITLE XII 
State scholarships in Cornell University 

TITLE XIII 
Common school and public libraries 

TITLE XIV 
Appeals to Superintendent of Public Instruction 



8 NEW YORK STATE EDUCATION DEPARTMENf 

TITLE t TITLE XV 

Miscellaneous provisions 

Art. I Of loss of school moneys apportioned; of forfeiture by school 
officers by reason of neglect to sue for penalties; of costs in 
suits which might have been the subject of appeal to the Super- 
intendent of Public Instruction; of costs in suits, actions and 
proceedings other than appeals to the Superintendent of Public 
Instruction 
II Changes in textbooks 

III Care of code of public instruction 

IV Contracts between school districts and boards of education in 

cities 
V Memorandum of contracts with teachers 
VI Physiology and hygiene in the public schools 
VII Free instruction in drawing 
VIII Vocal music in the public schools 
IX Free kindergarten in cities and villages 
X Industrial training in the public schools 
XI Schools for colored children 
XII Orphan schools 
XIII Indian schools 

XIV Deaf and dumb and blind institutions 
XV Arbor day 
XVI Miscellaneous 

TITLE XVI 

Compulsory education of children 

TITLE I 
State Superintendent of Public Instruction, his election and general powers 

and duties 

Short title §1 Short title. This chapter shall be known as the "Consoli- 

dated School Law." 
State Super- i§2 The office of State Superintendent of Public Instruction is 

mtendent, his ^ ^ 

election and continued and the term of said oiifice shall be three years, corn- 
term -' 

mencing on the seventh day of April. Such Superintendent shall 
be elected by joint ballot of the Senate and Assembly on the 
second Wednesday of February next preceding the expiration 
of the term of the then incumbent of said office, and on the second 
Wednesday of February next after the occurrence of any vacancy 

Office in in the ofBce. The Superintendent's office shall be in the Capitol, 

and maintained at the expense of the state. His salary shall be 

Salary $5ooo a year, payable monthly, by the Treasurer, on the warrant 

of the Comptroller. 

Deputy Super- ^§3 He shall appoint a deputy, who shall receive an annual 
salary of $4000 payable monthly by the Treasurer on the warrant 
of the Comptroller; and in case of a vacancy in the office of Super- 

iSuperseded bylaws 1Q04, chapter 40. 



CONSOLIDATED SCHOOL LAW 9 

TITLE I 

intendent the Deputy may perform all the duties of the office until 
the day hereinbefore fixed for the commencement of the term of 
said office. In case the office of both Superintendent and Deputy Vacancies 
shall be vacant, the Governor shall appoint some person to per- 
form the duties of the office until the Superintendent shall be 
elected and his term of office commence as hereinbefore provided. 

^§4 He may appoint as many clerks and employees as he maycierksand f 
deem necessary, but the compensation of such clerks and gj^_ ^"^p ^^^^^ 
ployees shall not exceed in the aggregate the sum annually ap- 
propriated by the Legislature therefor, and shall be payable 
monthly by the Treasurer, on the warrant of the Comptroller, 
and the certificate of the Superintendent. 

§5 The seal of the Superintendent, of which a description and official seal 
impression are now on file in the o' ce of the Secretary of State, 
shall continue to be his official seal, and when necessary, may be 
renewed from time to time. Copies of all papers deposited or Copies of 
filed in the Superintendent's office, and of all acts, orders and 
decisions made by him, and of the drafts or machine copies of 
his official letters, may be authenticated under the said seal, and 
when so authenticated, shall be evidence equally with and in like Evidence 
manner as the originals. 

2§6 The Superintendent shall be ex officio a Regent of the Uni- Duties 
versity of the State of New York, a trustee of Cornell University 
and of the New York State Asylum for Idiots. He shall also 
have general supervision over the state normal schools which Supervision 
have been and which may hereafter be established; and he shall schools, etc. 
provide for the education of the Indian children of the state, as 
required by the provisions of this act. 

§7 The Superintendent may, in his discretion, appoint per- visitation 
sons to visit and examine all or any of the common schools in scho°ois by 
the county where such persons reside, and to report to him ^^ ^pp°'"^^^^ 
such matters respecting their condition and management, and 
the means of improving them, as he shall prescribe; but no allow- 
ance or compensation shall be made to such visitors for their 
services or expenses. 

§8 So often as he can, consistently with his other duties, he Visitation 

'of same bv 

shall visit such of the common schools of the state as he shall see superintendent 
fit, and inquire into, their course of instruction, management and 
discipline, and advise and encourage the pupils, teachers and offi- 
cers thereof. 

§9 He shall submit to the Legislature an annual report containing: Annual report 

^Superseded by laws 1904, chapter 40. 

'^Under laws of 1904, chapter 40, there are no ex officio Reeents. 



lO 



NEW YORK STATE EDUCATION DEPARTMENT 



1 A statement of the condition of the common schools of the 
state, and of all other schools- and institutions under his super- 
vision, and subject to his visitation as Superintendent. 

2 Estimates and accounts of expenditures of the school moneys 
and a statement of the apportionment of school moneys made by 
him. 

3 All such matters relating to his office, and all such plans and 
suggestions for the improvement of the schools and the advance- 
ment of public instruction in the state, as he shall deem expedient, 

§io He may grant under his hand and seal of office a certifi- 
cate of qualification to teach, and may revoke the same. While 
unrevoked, such certificate shall be conclusive evidence that the 
person to whom it was granted is qualified by moral character, 
learning and ability, to teach any common school in the state. 
Such certificate may be granted by him only upon examination. 
He shall determine the manner in which such examination shall 
be conducted, and may designate proper persons to conduct the 
same, and report the result to him. He may also appoint times 
and places for holding such examinations, at least once in each 
year, and cause due notice thereof to be given. Every such cer- 
tificate so granted shall be deemed and considered a legal license 
and authority to teach in any of the public schools of this state, 
without further examination of the person to whom the same was 
granted, any provision of law in conflict with this provision to 
the contrary notwithstanding. He may also, in his discretion, issue 
a certificate without examination, to any graduate of a college or 
university who has had three years' experience as a teacher. Such 
last mentioned certificate shall be known as the "college graduate's 
certificate," and may be revoked at any time for cause. He may 
also, in his discretion, indorse a diploma issued by a state nor- 
mal school or a certificate issued by a state superintendent or state 
board of education in any other state, which indorsement shall 
confer upon the holder thereof the same privileges conferred by 
law upon the holders of diplomas or certificates issued by state nor- 
mal schools or by the State Superintendent in this state. He 
may also issue temporary licenses to teach, limited to any school 
commissioner district or school district, and for a period not ex- 
ceeding six months whenever, in his judgment, it may be necessary 
or expedient for him to do so. 

§11 Upon cause shown to his satisfaction, he may annul any 
certificate of qualification granted to a teacher by a school com- 
missioner, or declare any diploma issued by a state normal school 



CONSOLIDATED SCHOOL LAW TI 

TITLE 2 

ineffective and null as a qualification to teach a common school 
within this state, and he may reconsider and reverse his action 
in any such matter. 

§12 He shall prepare and keep in his office alphabetical lists of ^'oidi'^^cSfi^ 
all persons who have received, or shall receive, certificates of q^ali- ^^^^^^"^ ^^■ 
fication from himself, or diplomas of the state normal schools, with 
the dates thereof, and shall note thereon all annulments and rever- 
sals of such certificates and diplomas, with the dates and causes 
thereof, together with such other particulars as he may deem ex- 
pedient. 

§13 Whenever it shall be proved to his satisfaction that any ^.h'Jor^onv 
school commissioner or other school officer has been guilty of any ^^^^^^""^'" 
wilful violation or neglect of duty under this act, or any other act 
pertaining to common schools, or wilfully disobeying any decision, 
order or regulation of the Superintendent, the Superintendent 
may, by an order under his hand and seal, which order shall be 
recorded in his office, remove such school commissioner or other 
school officer from his office. Said Superintendent mav also with- May withhold 

■' moneys fr-s-n 

hold any share of the public money of the state from any district district 
for wilfully disobeying any decision, order or regulation as afore- 
said, or when authorized by any provision of this act. 

§14 He shall prepare suitable registers, blanks, forms and regu- Blank forms, 

. . , 1- . etc., prepara- 

lations for makmg all reports and conducting all necessary busi-tion and distri- 
ness under this act, and shall cause. the same, with such informa- 
tion and instructions as he shall deem conducive to the proper 
organization and government of the common schools and the due 
execution of their duties by school officers, to be transmitted to 
the officers and persons intrusted with the execution of the same. 

§15 The Superintendent may administer oaths and take affi- Oaths and 

. , -^ affidavits 

davits concernmg any matter relating to the schools. 

TITLE II 

State and other school moneys, their apportionment and distribution, and 

of trusts and gifts for the benefit of common schools 

ARTICLE I 1 

0/ the state school moneys and their apportionment by the Superin- 
tendent of Public Instruction, and payment to county and city 
treasurers. 

§3 The Comptroller may withhold the payment of any moneys Comptroller 
to which any county may be entitled from the appropriation of payments 
the incomes of the school ^und and the United States deposit 



^Chapter 390, law§ of 1904, repeals sections i and 2 of this article. 



12 



NEW YORK STATE EDUCATION DEPARTMENT 



Temporary 
loans for 
deficiencies 



State school 

moneys 

defined 



Annual appor 
tionment 



Applied to 

teachers' 

wages 

For pay of 
school com- 
missioners 



Cities, villages 
and districts 
employing su- 
perintendents 



Enumeration 
of inhabitants 
in the first 
instance 



fund for the support of common schools, until satisfactory evi- 
dence shall be furnished to him that all moneys required by law 
to be raised by taxation upon such county, for the support of 
schools throughout the state, have been collected and paid or ac- 
counted for to the State Treasurer; and whenever, after the first 
day of March in any year, in consequence of the failure of any 
county to pay such moneys on or before that day there shall be 
a deficiency of moneys in the treasury applicable to the payment 
of school moneys, to which any other county may be entitled, 
the Treasurer and Superintendent of Public Instruction are hereby 
authorized to make a temporary loan of the amount so deficient, 
and such loan, and the interest thereon at the rate of 12 per cent 
per annum, until payment shall be made to the treasury, shall be 
a charge upon the county in default, and shall be added to the 
amount of state tax, and levied upon such coimty by the board 
of supervisors thereof at the next ensuing assessment, and shall 
be paid into the treasury in the same manner as other taxes. 

§4 The moneys raised by the state tax or borrowed as afore- 
said to supply a deficiency thereof, and such portion of the in- 
come of the United States deposit fund as shall be appropriated, 
and the income of the common school fund, when the same are 
appropriated to the support of common schools, constitute the 
state school nioneys, and shall be divided and apportioned by the 
Superintendent of Public Instruction, on or before the 20th day 
of January in each year as hereinafter provided; and all moneys 
so apportioned, except the library moneys, shall be applied ex- 
clusively to the payment of teachers' wages. 

'§5 He shall apportion and set apart from the free school fund 
appropriated therefor the amounts required to pay the annual 
salaries of the school commissioners elected or elective under this 
act, to be drawn out of the treasury and paid to the several com- 
missioners as hereinafter provided. Said Superintendent shall 
make no allotment to any city or district for the expense of a 
superintendent unless satisfied that such city, village or district 
employs a competent person as superintendent whose time is 
exclusively devoted to the general supervision of the public schools 
of said city, village or district; nor shall he make any allotment 
to any district in the first instance without first causing an enumer- 
ation of the inhabitants thereof to be made, which shall show the 
population thereof to be at least 5000, the expense of which 
enumeration, as certified by said State Superintendent, shall be 

lAs amended by chapter 316, laws of 1902. 



CONSOLIDATED SCHOOL LAW 1 3 

TITLE 2 

paid by the district in whose interest it is made. He shall then Library 
set apart, from the income of the United States deposit fund, for 
and as library moneys, such sums as the Legislature shall appro- 
priate for that purpose. After deducting the said amounts he Supervision 
shall divide and apportion the remainder of the state school moneys 
as hereinafter specified. To each city $800. To each village which 
has a population of 5000 as shown by the last state census, or 
federal or village enumeration, and which employs a superintend- 
ent of schools, $800. To each union school district which has a 
population of 5000, and which employs a superintendent of schools, 
$800. An appropriation under either of the first three subdivi- 
sions hereof is known as the supervision quota. He shall set apart Co"Ji"sent 
for a contingent fund not more than $10,000. 
*§6 From the remainder he shall apportion; 

1 To each district having an assessed valuation of $40,000 or ^pportion- 

^ ^ ' ment of dis- 

less, as appears by the report of the trustees upon which such t^ict quotas 
apportionment is based, and to each Indian reservation for each 
teacher employed therein for a like period, $150; and to each of 
the remaining districts, and to each of the cities in the state, $125. 
The apportionment provided for by this subdivision shall be known 
as a district quota. 

2 To each such district or city for each additional qualified Apportion- 
teacher and his successors by whom the common school has been teacher's 
taught, during the period of time required by the school law, $100; 

but pupils employed as monitors or otherwise, shall not be deemed 
teachers. The apportionment provided for by this subdivision 
shall be known as a teachers quota. 

3 The remainder to the several counties according to their Apportion- 

1-1 • • 1 1 1 • • 1 • ment to 

respective population by a ratio to be ascertained by dividing such counties 
remainder by the population of the state as shown by the last 
federal census or state enumeration ; except that for the purpose 
of this apportionment the city of New York shall be considered 
one county. But as to counties in which are situated cities whose 
boundary lines are coterminous with the school district lines com- 
prising said city, he shall apportion to such city the part to which 
it shall so appear entitled, and to the residue of the county the 
part to which it shall appear to be so entitled. 

To entitle a district to a district quota", a qualified teacher or Basis of 
successive qualified teacher must have actually taught the com- 
mon school of the district for at least 160 days of school, inclusive 
of legal holidays that may occur during the term of said schools 

lAs amended by chapter 316, laws of 1902, and chapter 598, laws of 1903. 



14 



NEW YORK STATE EDUCATION DEPARTMENT 



TITLE 2 



Reclamation of 
moneys appro- 
priated 



and exclusive of Saturdays. No Saturday shall be counted as 
part of said i6o days of school and no school shall be in session 
on a le^al holiday, except Washington's birthday and Lincoln's 
birthday. A deficiency not exceeding three weeks during any 
school year caused by a teacher's attendance upon a teachers 
institute within a coimty shall be excused by the Superintendent 
of Public Instruction. 

§7 Having so apportioned and distributed the said district quota 
as specified in section 6 of this act, the Superintendent shall appor- 
tion the remainder of said state school moneys, and also the library 
moneys separately, among the counties of the state, according to 
their respective population, excluding Indians residing on their 
resetvation, as the same shall appear from the last preceding state 
or United States census; but as to counties in which are situated 
cities having special school acts, he shall apportion to each city 
the part to which it shall so appear entitled, and to the residue of 
the county the part to which it shall appear to be so entitled. If 
the census according to which the apportionment shall be made 
does not show the sum of the population of any county or city, the 
Superintendent shall, by the best evidence he can procure, ascer- 
tain and determine the population of such county or city at the 
time the census was taken, and make his apportionment accordingly. 

§8 Whenever any school district shall have been excluded from 
participation in any apportionment made by the Superintendent, 
or by the school commissioners, by reason of its having omitted to 
make any report required by law, or to comply with any other pro- 
vision of law, or with any rule or regulation made by the Super- 
intendent under the authority of law, and it shall be shown to the 
Superintendent that such omission was accidental or excusable, 
he may, upon the application of such district, make to it an equitable 
allowance; and if the apportionment was made by himself, cause it 
to be paid out of the contingent fund; and, if the apportionment 
was made by the commissioners, direct them to apportion such 
allowance to it, at their next annual apportionment, in addition to 
any apportionment to which it may then be entitled. And the 
Superintendent may, in his discretion, upon the recommendation 
of the school commissioner having jurisdiction over the district in 
default, direct that the money so equitably apportioned shall be 
paid in satisfaction of teacher's wages earned by a teacher not 
qualified in accordance with the provisions of the law as herein- 
after set forth. 

§9 If money to which it is not entitled, or a larger sum than it 
is entitled to, shall be apportioned to any county, or part of a 



CONSOLIDATED SCHOOL LAW 1 5 

TITLE 2 

county, or school district, and it shall not have been so distributed 
or apportioned among the districts, or expended, as to make it 
impracticable so to do, the Superintendent may reclaim such 
money or excess, by directing any officer in whose hands it may be 
to pay it into the state treasury, to the credit of the free school 
fund; and the State Treasurer's receipt, countersigned by the 
Superintendent, shall be his only voucher; but if it be impracticable 
so to reclaim such money or excess, then the Superintendent shall Deductions 

•^ ^ . from next 

deduct it from the portions of such county, part of a county or dis- apportionment 

trict in his next annual apportionment, and distribute the sum 

thus deducted equitably among the counties and parts of counti&s, 

or among the school districts in the state entitled to participate in 

such apportionment, according to the basis of apportionment in 

which such excess occurred. 

§io If a less sum than it is entitled to shall have been ap] or- Suppiemen- 

° '- '- tary appor- 

tioned by the Superintendent to any county, part of a county or tionment for 

school district, the Superintendent may make a supplementary 

apportionment to it, of such a sum as shall make up the deficiency, 

and the same shall be paid out of the contingent fund, if sufficient, 

and if not, then the Superintendent shall make up such deficiency 

in his next annual apportionment. 

§11 As soon as possible after the making of any annual or general Certification 
apportionment, the Superintendent shall certify it to the county ment 
clerk, county treasurer, school commissioners and city treasurer 
or chamberlain, in every county in the state; and if it be a supple- 
mental apportionment, then to the county clerk, county treasurer 
and school commissioners of the county in which the schoolhouse 
of the district concerned is situate. 

'§12 The moneys so annually apportioned by the Superintend- Mone^ys.^p^ay-* 
ent, shall be payable between the ist day of April and the fii"st. day of ^^ 
15th day of May next after the apportionment, to the treasurers of ^^^y 
of the several counties and the chamberlain of the city of Ne\/ 
York, respectively; and the said treasurers and the chamberlain 
shall apply for and receive the same as soon as payable. 

ARTICLE 2 

Of the apportionment of the state school moneys, and of other school 
moneys by the school commissioners, and their payment to the 
supervisors 
§13 The school commissioner, or commissioners of each county, Annual appor- 

shall proceed, at the county seat, on the third Tuesday of March „commfssioners 



»As amended by section i, chapter x66, laws of 1904. 



i6 



NEW YORK STATE EDUCATION DEPARTMENT 



Library 
moneys 



State moneys 
to be set apart 



Return of 

unexpended 

moneys 



Returns from 
treasurer of 
fines and 
penalties 



How appor- 
tioned 



Library 

moneys 



Basis of appor- 
tionment 



Apportion- 
ment accord- 
ing to school 
attendance 



in each year, to ascertain, apportion and divide the state and other 
school moneys as follows: 

1 They shall set apart any library moneys apportioned by the 
Superintendent. 

2 From the other moneys apportioned to the county, they shall 
set apart and credit to each school district the amount apportioned 
to it by the State Superintendent, and to every district which did 
not participate in the apportionment of the previous year, and 
which the Superintendent shall have excused, such equitable sum 
as he shall have allowed to it.- 

3 They shall procure from the treasurer of the county a tran- 
script of the returns of the supervisors hereinafter required, show- 
ing the unexpended moneys in their hands applicable to the pay- 
ment of teachers' wages and to library purposes, and shall add the 
whole sum of such moneys to the balance of the state moneys to 
be apportioned for teachers' wages. The amounts in each super- 
visor's hands shall be charged as a partial payment of the sums 
apportioned to the town for library moneys and teachers' wages, 
respectively. 

4 They shall procure from the county treasurer a full list and 
statement of all payments to him of moneys for or on account of 
fines and penalties, or accruing from any other source, for the 
benefit of schools and of the town or towns, district or districts for 
whose benefit the same were received. Such of said moneys as 
belong to a particular district, they shall set apart and credit to 
it; and such as belong to the schools of a town, they shall set apart 
and credit to the schools in that town, and shall apportion them 
together with such as belong to the schools of the county as here- 
inafter provided for the payment of teachers' wages. 

5 They shall apportion library moneys to the school districts, 
and parts of school districts, joint with parts in any city or in any 
adjoining county, which shall be entitled to participate therein, 
as follows : To each of said districts an amount equal to that which 
shall have been raised in said district for library purposes, either 
by tax or otherwise, and if the aggregate amount so raised in the 
districts within the county shall exceed the sum apportioned to 
the county, the said districts, respectively, shall be entitled to 
participate in such apportionment pro rata to the total amount 
apportioned to the county. 

*6 They shall apportion all of such remaining unapportioned 
moneys in the like manner and upon the same basis among such 

lAs amended by section 2, chapter 264, laws of 1896. 



CONSOLIDATED SCHOOL LAW 1/ 

TITLK 2 

school districts and parts of districts in proportion to the aggre- 
gate number of days of attendance of the pupils resident therein, 
between the ages of 5 and 18 years, at their respective schools 
during the last preceding school . year, and also such children 
residing therein over 4 years of age who shall have attended any 
free kindergarten school legally established. The aggregate Attendance, 
number of days in attendance of the pupils is to be ascertained tained 
from the records thereof, kept by the teachers as hereinafter 
prescribed, by adding together the whole number of days' attend- 
ance of each and every pupil in the district, or part of a district. 

7 They shall then set apart the money so set apart and appor- Moneys set 
portioned to each district, the schoolhouse of which is therein ; districts 
and to each part of a joint district therein the schoolhouse of 
which is located in a city or in a town in an adjacent county. 

8 They shall sign, in duplicate, a certificate, showing the amounts CerUficate^^ 
apportioned and set apart to each school district and part of ament 
district, and the towns in which they are situated, and shall desig- 
nate therein the source from which each item was derived; and 

shall forthwith deliver one of said duplicates to the treasurer of 
the county and transmit the other to the Superintendent of Public 
Instruction. 

9 They shall certify to the supervisor of each town the amount CerUficate to 
of school moneys so apportioned to his town, and the portions 
thereof to be paid by him for library purposes and for teachers' 

wages, to each such distinct district and part of a district. 

§14 If, in their apportionment, through any error of the com- Con-ection^of 
missioners, any district shall have apportioned to it a larger or P"rtionments 
a less share of the moneys than it is entitled to receive, the com- 
missioners may, in their next annual apportionment, with the 
approval of the Superintendent, correct the error by equitably 
adding to or deducting from the share of such district. 

S I tr No district or part of a district shall be entitled to any Districts 

, , , . J 1 .1 wlien not 

portion of such school moneys on such apportionment unless the entitled to 
report of the trustees for the preceding school year shall show "'""''• ^ 
that a common school was supported in the district and taught 
by a qualified teacher for such a term of time as would, under 
section 6 of this title, entitle it to a distributive share under the 
apportionment of the Superintendent. 

§16 On receiving the certificate of the commissioners, each Filing of 

,.■..11 1 r r 1 • certificate 

supervisor shall forthwith make a copy thereof for his own use, 

and deposit the original in the, office of the clerk of his town ; and Payments 

• 1 1 • 1 11 1 • Ji J. -u' ' ^^ moneys to 

the moneys, sp apportioned to his town snail be paid to nim im- supervisor 



I8 



NRW YORK STATE EDUCATION DEPARTMENT 



Supervisor's 
bond 



Bond of 



mediately on his compliance with the requirements of the fol- 
lowing section, but not before. 

§17 Immediately on receiving the commissioners' certificate of 
apportionment, the county treasurer shall require of each super- 
visor, and each supervisor shall give to the treasurer, in behalf of 
the town, his bond, with two or more sufficient sureties, approved 
by the treasurer, in the penalty of at least double the amount 
of the school moneys set apart or apportioned to the town, and 
of any such moneys unaccounted for by his predecessors, con- 
ditioned for the faithful disbursement, safekeeping and account- 
ing for such moneys, and of all other school moneys that may 
come into his hands from any other source. If the condition 
shall be broken the county treasurer shall sue the bond in his 
own name, in behalf of the town, and the money recovered shall 
be paid over to the successor of the supervisor in default, such 
successor having first given security as aforesaid. Whenever 

to fill vacancy the officc of a supcrvisor shall become vacant, by reason of the 
expiration of his term of service or otherwise, the county treas- 
urer shall require the person elected or appointed to fill such 
vacancy to execute a bond, with two or more sureties, to be ap- 
proved by the treasurer, in the penalty of at least double the sum 
of the school moneys remaining in the hands of the old super- 
visor, when the office became vacant, conditioned for the faith- 
ful disbursement and safe-keeping of and accounting for such 
moneys. But the execution of this bond shall not relieve the 
supervisor from the duty of executing the bond first above 
mentioned. 

§18 The refusal of a supervisor to give such security shall be 
a misdemeanor, and any fine imposed on his conviction thereof 

Moneys, how shall bc for thc benefit of the common schools of the town. Upon 
such refusal, the moneys so set apart and apportioned to the 
town shall be paid to and disbursed by some other officer or per- 
son to be designated by the county judge, under such regulations 
and with such safeguards as he may prescribe, and the reason- 
able compensation of such officer or person, to be adjusted by 
the board of supervisors, shall be a town charge. 



Refusal to 
give security 



disbursed 
thereupon 



Estates in 
trust for 
common 
schools 



ARTICLE 3 

Of trusts for the benefit of common schools, and of town school funds, 
fines, penalties and other moneys held or given for their benefit. 
§19 Real and personal estate may be granted, conveyed, 
devised, bequeathed and given in trust and in perpetuity or other- 



CONSOLIDATED SCHOOL LAW 1 9 

TITLE 2 

wise, to the state, or to the Superintendent of Public Instruction, 
for the support or benefit of the common schools, within the state, 
or within any part or portion of it, or of any particular common 
school or schools within it; and to any county, or the school 
commissioner or commissioners of any county, or to any city 
or any board of officers thereof, or to any school commissioner 
district or its commissioner, or to any town, or supervisor of a 
town, or to any school district or its trustee or trustees, for the 
support and benefit of common schools within such county, city, 
school commissioner district, town or school district, or within 
any part or portion thereof respectively, or for the support and 
benefit of any particular common school or schools therein. No 
such grant, conveyance, devise or bequest shall be held void for 
the want of a named or competent trustee or donee, but where Trusts not 

-I • • 11-11 »"vahd in 

no trustee or donee, or an mcompetent one is named, the title and certain cases 
trust shall vest in the people of the state, subject to its acceptance 
by the Legislature, but such acceptance shall be presumed. 

§2o The Legislature may control and regulate the execution of Execution 
all such trusts; and the Superintendent of Public Instruction shall 
supervise an^i advise the trustees, and hold them to a regular ac- Supervision 
counting for the trust property and its income and interest at Pendent 
such times, in such forms, and with such authentications, as he 
shall, from time to time, prescribe. 

§21 The common council of every city, the board of super- Officers and 
visors of every county, the trustees of every village, the super- report trusts 
visor of every town, the trustee or trustees of every school dis- 
trict, and every other officer or person who shall be thereto re- 
quired by the SupeHntendent of Public Instruction, shall report 
to him whether any, and if any, what trusts are held by them 
respectively, or by any other body, officer or person to their informa- 
tion or belief for school purposes, and shall transmit, therewith, 
an authenticated copy of every will, conveyance, instrument or 
paper embodying or creating the trust; and shall, in like man- 
ner, forthwith report to him the creation and terms of every such 
trust subsequently created. 

§2 2 Every supervisor of a town shall report to the Superin- Repots as^^ 
tendent whether there be, within the town, any gfospel or school school lots by 

1 ^ IT 1 11 1 -1 1 ./or supervisor 

lot, and, it any, shall describe the same, and state to what use, 
if any, it is put by the town; and whether it be leased, and, if so, 
to whom, for what term and upon what rents; and whether the 
town holds or is entitled to any lands, moneys or securities aris- 
ing from any sale of such gospel or school lot, and the investment 



20 



NEW YORK STATE EDUCATION DEPARTMENT 



Reports as 
to moneys i(i 
hands of over- 
seers of poor 



Superintend- 
ent to report 
to Legislature 



May require 
reports made 



Fines and 
penalties 



Apportion- 
ment thereof 



Reports of 
district attor 
neys, as to 
fines, etc. 



Payment of 
collections to 
treasurer 



Fines and 
penalties, to 
whom paid 



of the proceeds thereof, or of the rents and income of such lots 
and investments, and shall report a full statement and account of 
such lands, moneys and securities. 

§23 Every supervisor of a town shall in like manner report to 
the Superintendent whether the town has a common school fund 
originated under the "Act relative to moneys in the hands of 
overseers of the poor," passed April 27, 1829, and, if it have, the 
full particulars thereof, and of its investment, income and appli- 
cation, in such form as the Superintendent may prescribe. 

^24 In respect to the property and funds in the last two sec- 
tions mentioned, the Superintendent shall include in his annual 
report a statement and account thereof. And, to these ends, he 
is authorized, at any time and from time to time, to require from 
the supervisor, board of town auditors, or any officer of a town, 
a report as to any fact, or any information or account, he may 
deem necessary or desirable. 

§25 Whenever, by any statute, a penalty or fine is imposed for 
the benefit of common schools, and not expressly of the com- 
mon schools of a town or school district, it shall be taken to be 
for the benefit of the common schools of the county within which 
the conviction is had; and the fine or penalty, when paid or col- 
lected, shall be paid forthwith into the county treasury, and the 
treasurer shall credit the same as school moneys of the county, 
unless the county comprise a city having a special school act, in 
which case he shall report it to the Superintendent, who shall ap- 
portion it upon the basis of population by the last census, between 
the city and the residue of the county, and the portion belonging 
to the city shall be paid into its treasury. 

§26 Every district attorney shall report, annually, to the board 
of supervisors, all such fines and penalties imposed in any prose- 
cution conducted by him during the previous year; and all moneys 
collected or received by him or by the sheriff, or any other officer, 
for or on account of such fines or penalties, shall be immediately 
paid into the county treasury, and the receipt of the county treas- 
urer shall be a sufficient and the only voucher for such money. 

§27 Whenever a fine or penalty is inflicted or imposed for the 
benefit of the common schools of a town or school district^ 
the magistrate, constable or other officer collecting or receiving the 
same shall forthwith pay the same to the county treasurer of the 
county in which the schoolhouse is located, who shall credit 
the same to the town or district for whose benefit it is collected. 
If the fine or penalty be infficted or imposed for the benefit of the 



CONSOLIDATED SCHOOL LAW 21 

TITLE 3 

common schools of a city having a special school act, or of any 
part or district of a city, it shall be paid into the city treasury. 

§28 Whenever, by this or any other act, a penalty or fine is ^^^g^^>;^?,fj5f 
imposed upon any school district officer for a violation or omis- districts 
sion of official duty, or upon any person for any act or omission 
within a school district, or touching property or the peace and 
good order of the district, and such penalty or fine is declared to 
be for, or for the use or benefit of the common schools of the town 
or of the county, and such school district lies in two or more towns 
or counties, the town or county intended by the act shall be taken 
to be the one in which the schoolhouse,or the schoolhouse longest 
owned or held by the district, is at the time of such violation, act 
or omission. 

TITLE III 

Supervisors; disbursement of school moneys by, and some ot their special 
powers and duties under this act 

§1 The several supervisors continue vested with the powers andTrustee^s^of 
charged with the duties formerly vested in and charged upon the school lots 
trustees of the gospel and school lots, and transferred to and im- 
posed upon town superintendents of common schools by chapter 
186 of the laws of 1846. 

§2 The several supervisors continue vested with the powers and^J'^^^jf^^JJ^^^ 
charged with the duties conferred and imposed upon the commis- 
sioners of common schools by the act of 1829 (chapter 287), en- 
titled "An act relative to moneys in the hands of overseers of the 
poor." 

§3 On the first Tuesday of March in each year, each supervisor ^^"^^^^1^^^^*^^" 
shall make a return in writing to the county treasurer for the use ^^^^d^s^s>^f^j. 
of the school commissioners, showing the amounts of school moneys 
in his hands not paid on the orders of trustees for teachers' wages, 
nor drawn by them for library purposes, and the districts to which 
they stand accredited (and if no such money remain in his hands, 
he shall report the fact) ; and thereafter he shall not pay out any 
of said moneys until he shall have received the certificate of the 
next apportionment ; and the moneys so returned by him shall be 
reapportioned as hereinbefore directed. 

§4 It is the duty of every supervisor: Duties 

4 To disburse the school moneys in his hands applicable to the Di^stmrse- 
payment of teachers' wages, upon and only upon the written orders school moneys 
of a sole trustee or a majority of the trustees, in favor of qualified 



J As amended by section i, chapter 177, laws of 1896, 



union school 
district 



22 NEW YORK STATE EDUCATION DEPARTMENT 

TITLE 3 

teachers. But whenever the collector in any school district shall 
have given bonds for the due and faithful performance of the duties 
of his office as disbursing agent, as required by section 80 of title 7 
of this act, or whenever any school district shall elect a treasurer 
as hereinafter provided, the said supervisor shall, upon the re- 
ceipt by him of a copy of the bond executed by said collector or 
treasurer as hereinafter required, certified by the trustee or trus- 
Payment over tccs, pay ovcr to such collcctor or trcasurcr, all moneys in his hands 

of same to ,.-,'- . , , . , ^ . . 

collector or applicable to the payment or teachers wages m such district, and 
the said collector or treasurer shall disburse such moneys so re- 
ceived by him upon such orders as are specified herein to the teach- 
ers entitled to the same. 

Library 2 To disbursc the library monevs upon, and onlv upon the writ- 

monevs ' . . . ' 

ten orders of a sole trustee, or of a majority of the trustees. 
Payment over ? In the case of a uuion free school district, to pay over all the 

of same to 

school money apportioned thereto, whether for the payment of 
teachers' wages, or as library moneys, to the treasurer of such dis- 
trict, upon the order of its board of education. 

Accounts of 4 To keep a just and true account of all the school monevs re- 

receipts and - ■' 

disbursements ccivcd and disbursed by him during each year, and to lay the same, 

with proper vouchers, before the board of town auditors at each 

annual meeting thereof. 

Blank book r To havc a bound blank book, the cost of which shall be a town 

and entries . , , . , 

therein charge, and to enter therein all his receipts and disbursements of 

school moneys, specifying from whom and for what purposes they 
were received, and to whom and for what purposes they were paid 
out; and to deliver the book to his successor in office. 

Filing of 6 Within i^ davs after the termination of his office, to make out 

accounts 

a just and true account of all school moneys theretofore received 
by him and of all disbursements thereof, and to deliver the same 
to the town clerk, to be filed and recorded, and to notify his suc- 
cessor in office of such rendition and filing. 
Duties toward 7 So soou as the boud to the county treasurer, required by sec- 
pre ecessor ^.^^ I y of title 2 of this act, shall havc been given by him and ap- 
proved by the treasurer, to deliver to his predecessor the treas- 
urer's certificate of these facts, to procure from the town clerk a 
copy of his predecessor's account, and to demand and receive from 
him any and all school moneys remaining in his hands. 
Payment over 8 Upou receiving such a certificate from his successor, and not 

of monevs to -i • ,, i i • • • i • i i 

successor bcforc, to pay to him all school moneys remaining in his hands, 
and to forthwith file the certificate in the town clerk's office. 

9 By his name of office, when the duty is not elsewhere imposed 



Recovery of 
penalties and 



forfeitures \)y j^w, to suc for and recover penalties and forfeitures imposed for 



CONSOLIDATED SCHOOL LAW 2^ 

TITLE 4 

violations of this act, and for any default or omission of any town 
officer or school district board or officer under this act ; and after 
deducting his costs and expenses to report the balances to the 
school commissioner. 

lo To act, when thereto legally required, in the erection or alter- ^j^^^^^^^^^JJ^'^^^ 
ation of a school district, as in the sixth title of this act provided, ^^hooi districts 
and to perform any other duty which may be devolved upon him 
by this act, or any other act relating to common schools. 



TITLE IV 
Town clerks; their duties under this act 

§1 It shall be the duty of the town clerk of each town: Duties 

1 Carefully to keep all books, maps, papers and records of his J^/"^!^^'^!*^^" 
office touching common schools, and forthwith to report to the su- 
pervisor any loss or injury to the same. 

2 To receive from the supervisors the certificates of apportion- ^p^^^J^.^'^^^^^^ 
ment of school moneys to the town, and to record them in a book 

to be kept for that purpose. 

3 Forthwith to notify the trustees of the several school districts fJ^JsJ-ees*^'^ 
of the filing of each such certificate. 

4 To see that the trustees of the school districts make and deposit ^po^rt"^"^ 
with him their annual reports within the time prescribed by law, 

and to deliver them to the school commissioner on demand; and to 
furnish the school commissioner of the school commissioner dis-^"^"^^^l"§. 

names of dis- 
officers 
commis- 
sioner 



trict in which his town is situated the names and postoffice ad-JJJ^^^^^ 
dresses of the school district officers reported to him by the district 
clerks. 

5 To distribute to the trustees of the school districts all books, i^istnbution 

^ ' of blanks etc. 

blanks and circulars which shall be delivered or forwarded to him 
by the State Superintendent or school commissioner for that 
purpose. 

6 To receive from the supervisor, and record in a book kept for ^^^JJ^^ °^ 
that purpose, the annual account of tjie receipts and disbursements ^^'^"^^"^^ 
of school moneys required to be submitted to the town auditors, 
together with the action of the town auditors thereon, and to send 

a copv of the account and of the action thereon, bv mail, to the '^/^"^'"^f ^°" 

^ -^ ' - ' of same to 

Superintendent of Public Instruction, whenever required by him, ^"i^*^"""^^"^^"^ 
and to file and preserve the vouchers accompanying the account. 

7 To receive and to record, in the same book, the supervisor's Final accounts 
final account of the school moneys received and disbursed by him, 

and deliver a copy thereof to such supervisor's successor in office. 



24 



NEW YORK STATE EDUCATION DEPARTMENT 



Filing of 

treasurer's 

certificates 



Records of 
districts 



Erection, etc. 
of districts 



Preservation 
of records of 
dissolved 
districts 



General 
duties 



Expenses and 
disbursements 



8 To receive from the outgoing supervisor, and file and record 
in the same book, the county treasurer's certificate, that his suc- 
cessor's bond has been given and approved. 

9 To receive, file and record the descriptions of the school dis- 
tricts, and all papers and proceedings delivered to him by the 
school commissioner pursuant to the provisions of this act. 

10 To act, when thereto legally required, in the erection or alter- 
ation of a school district, as in title 6 of this act provided. 

11 To receive and preserve the books, papers and records of any 
dissolved school district, which shall be ordered, as hereinafter pro- 
vided, to be deposited in his office. 

1 2 To perform any other duty which may be devolved upon him 
by this act, or by any other act touching common schools. 

§2 The necessary expenses and disbursements of the town clerk 
in the performance of his said duties, are a town charge, and shall 
be audited and paid as such. 



School com- 
missioner 



School com- 
missioner 
districts 



Division of 
districts 



Election of 
new com- 
missioner 



Election of 
school com- 
missioners 



TITLE V 

School commissioners ; their election, powers and duties 

§1 The office of school commissioner is continued, and the pres- 
ent incumbents shall continue in office in their respective districts, 
for the residue of the terms for which they were elected or ap- 
pointed. 

§2 The school commissioner districts duly and legally organized, 
and as the same existed January i, 1894, shall continue to be held 
and recognized as the school commissioner districts of the state 
until the same shall be altered or modified by the Legislature. No 
city shall be included in, or form a part of any school commissioner 
district. In any school commissioner district that contains more 
than 100 school districts, the board of supervisors may divide such 
commissioner district, within the county, and erect therefrom an 
additional school commissioner district; and when such district 
shall have been formed a school commissioner for such district shall 
be elected in the manner provided by law for the election of school 
commissioners. 

§3 A school commissioner for each school commissioner district 
shall be elected by the electors thereof, at the general election in 
the year 1896, and triennially thereafter. Any person of full age, 
a citizen of the United States, a resident of the state, and of the 
county in which a school commissioner district is situated, shall 
be eligible to the office of school commissioner. No person shall 
be deemed ineligible to such office by reason of sex who has the 



CONSOLIDATED SCHOOL LAW 2$ 

TITLE 5 

other qualifications as herein provided. It shall be the duty of Certificate of 

11 11 11 -1 1 'i 11 election to be 

county clerks, and they are hereby required, as soon as they shall forwarded to 
have official notice of the election or appointment of a school com- 
missioner, for any district in their county, to forward to the Su- 
perintendent of Public Instruction a duplicate certificate of such 
election or appointment, attested by their signature and the seal 
of the county. 

§4 The term of office of such commissioner shall commence on Term of office 
the first day of January next after his election, and shall be for 
three years, and until his or her successor qualifies. Every person 
elected to the office, or appointed to fill a vacancy, must take the official oath 
oath of office prescribed by the Constitution, before the county 
clerl; :>! before any officer authorized to take, within this state, 
the acknowledgement of the execution of a deed of real property, 
and file it with the county clerk; and if he or she omit so to do, 
the office shall be deemed vacant. 

§5 A commissioner may, at any time, vacate his or her office Resignations 
by filing his or her resignation with the county clerk. His or 
her removal from the county, or the acceptance of the office of Vacating 
supervisor, town clerk or trustee of a school district, shall vacate 
his or her office. 

§6 The county clerk, so soon as he has official or other notice yacancies 
of the existence of a vacancy in the office of school commissioner, 
shall give notice thereof to the county judge, or, if that office be 
vacant, to the Superintendent of Public Instruction. In case 
of a Tacancy the county judge, or, if there be no county judge, 
then the Superintendent shaU appoint a commissioner, who shall 
hold his office until the first of January succeeding the next gen- 
eral election, and until his successor, who shall be chosen at such 
general election, shall have quahfied. A person elected to fill 
a vacancy shall hold the office only for the- unexpired term. 

§7 Every school commissioner shall receive an annual salary Annual 
of $iooo, payable quarterly out of the free school fund appropriated 
for this purpose. 

§8 Whenever a majority of the supervisors from all the towns increase of 
composing a school commissioner district shall adopt a resolution 
to increase the salary of their school commissioner beyond the 
$iooo payable to him from the free school fund, it shall be the 
duty of the board of supervisors of the county to give effect to 
such resolution, and they shall assess the increase stated therein 
upon the towns composing such commissioner district, ratably, 
according to the corrected valuations of the real and personal 
estate of such towns. 



26 



NEW YORK STATE EDUCATION DEPARTMENT 



Expenses of 
commissioner 



Superintend- 
ent may with 
hold salary 



Commissioner 
to serve for 
another 



Not to act as 
agent for 
author, pub- 
lisher etc. 



Penalty 



Duties 



Defining dis- 
trict bound- 
aries 



Expenses 
thereof 



§9 The board of supervisors shall annually audit and allow 
to each commissioner within the county a fixed sum of at least 
$200 for his expenses, and shall assess and levy that amount 
annually, by tax upon the towns composing his district. 

§10 Whenever the Superintendent of Public Instruction is 
satisfied that a school commissioner has persistently neglected 
to perform his duties, he may withhold his order for the payment 
of the whole or any part of such commissioner's salary as it shall 
become due, and the salary so withheld shall be forfeited ; but 
the Superintendent may remit the forfeiture in whole or in part, 
upon the commissioner disproving or excusing such neglect. 

§11 A commissioner, upon the written request of the commis- 
sioner of an adjoining district, may perform any of his duties 
for him, and upon requirement of the State Superintendent of 
Public Instruction must perform the same. 

§12 No school commissioner shall be directly or indirectly 
engaged in the business of a publisher of school books, maps or 
charts, or of a bookseller, or in the manufacture or sale of school 
apparatus or furniture; nor shall he act as agent for an author, 
publisher, or bookseller, or dealer in school books, maps or charts, 
or manufacturer of or dealer in any school furniture or apparatus; 
nor directly or indirectly receive any gift, emolument, reward 
or promise of reward, for his influence in recommending or pro- 
curing the use of any book, map or chart, or school apparatus, 
or furniture of any kind whatever, in any common or union free 
school, or the purchase of any books for a school district library. 
Any violation of this provision, or any part thereof, shall be a 
misdemeanor; and any such violation "shall subject such com- 
missioner to removal from his office by the Superintendent of 
Public Instruction. 

§13 Every commissioner shall have power, and it shall be 
his duty: 

I From time to time to inquire into and ascertain whether the 
boundaries of the school districts within his district are definitely 
and plainly described in the records of the proper town clerks ; 
and in case the record of the boundaries of any school district 
shall be found defective or indefinite, or if the same shall be in 
dispute, then to cause the same to be amended, or an amended 
record of the boundaries to be made. All necessary expenses 
incurred in establishing such amended records shall be a charge 
upon the district or districts affected, to be audited and allowed 
by the trustee or trustees thereof, upon the certificate of the school 
commissioner. 



CONSOLIDATED SCHOOL LAW 2^ 

TITLE .S 

2 To visit and examine all the schools and school districts visitation 

,.1-. r • -11 ^^^ examina- 

withm his district as often m each year as shall be practicable ; tion of schools 
to inquire into all matters relating to the management, the course 
of study and mode of instruction, and the textbooks and discipline 
of such schools, and the condition of the schoolhouses, sites, out- 
buildings and appendages, and of the district generally; to exam- Libraries. 

, . , , 1 • 1 • -1 ^ ,1 schoolhouses. 

me the school libraries; to advise with and counsel the trustees etc. 

and other officers of the district in relation to their duties, and 

particularly in respect to the construction, heating, ventilating 

and lighting of schoolhouses, and the improving and adorning 

of the school grounds connected therewith ; and to recommend Recommenda- 

... tion as to 

to the trustees and teachers the proper studies, discipline and studies 
management of the schools, and the course of instruction to be 
pursued. 

^ Upon such examination, to direct the trustees to make any May direct 

, • 1 1 11 1 -1 -.- I . ; trustees to 

alterations or repairs on the schoolhouse or outbuildings which make repairs 
shall, in his opinion, be necessary for the health or comfort of 
the pupils, but the expense of making such alterations or repairs 
shall, in no case, exceed the sum of $200, unless an additional 
sum shall be voted by the district. He may also direct the trus- 
tee to make any alterations or repairs to school furniture, or when Alteration 

or repairs 

in his opinion any furniture is unfit for use and not worth repair- to school 

furniture 

ing, or when sufficient furniture is not provided, he may direct 
that new furniture shall be provided as he may deem necessary, 
provided that the expense of such alterations, repairs or addi- 
tions to furniture shall not, in any one year exceed the sum of 
$100. He may also direct the trustees to abate any nuisance A-^atement 

-^ ^ _ -^ of nuisances 

in or upon the premises, provided the same can be done at an 
expense not exceeding $25. 

^4 By an order under his hand, reciting the reason or reasons, Condemnation 
to condemn a schoolhouse, if he deems it wholly unfit for use and house"" 
not worth repairing, and to deliver the order to the trustees, or 
one of them, and transmit a copy to the Superintendent of Public 
Instruction„ Such order, if no time for its taking effect is stated 
in it, shall take effect immediately. He shall also state what Estimates for 

.,, . ^ . . . , 111 erection of 

sum, Will, 111 his opinion, be necessary to erect a schoolhouse cap- schoolhouses 

able of accommodating the children of the district. Immediately 

upon the receipt of said order the trustee or trustees of such dis- Special meet- 

^ ^ ing for con- 

trict shall call a special meeting of the inhabitants of said dis- ^^^^^^^^P^ 

^ ° question 

trict for the purpose of considering the question of building a 
schoolhouse therein. Such meeting shall have the power to deter- 



lAs amended by section i, chapter 512, laws of 1897. 



2» 



NEW YORK STATE EDUCATION DEPARTMENT 



TITLE 5 



Erection of 
building upon 
neglect to 
vote tax 



Tax for pay- 
ment thereof 



Increase of 
estimate 
by vote 

Examination 
and licensing 
of teachers 



Restrictions 
as to granting 
certificates 



Examination 
of charges 
against 
teachers 



Annulment 
of certificates 



General duties 



Affidavits 
and oafhs 



mine the size of said schoolhouse, the material to be used in its 
erection, and to vote a tax to build the same.- But such meeting 
shall have no power to reduce the estimate made by the com- 
missioner aforesaid by more than 25 per centum of such estimate. 
And where no tax for building such house shall have been voted 
by such district within 30 days from the time of holding the first 
meeting to consider the question, then it shall be the duty of the 
trustee or trustees of such district to contract for the building 
of a schoolhouse capable of accommodating the children of the 
district, and to levy a tax to pay for the same, which tax shall 
not exceed the sum estimated as necessary by the commissioner 
aforesaid, and which shall not be less than such estimated sum 
by more than 25 per centum thereof. But such estimated sum 
may be increased by a vote of the inhabitants at any school meeting 
subsequently called and held according to law. 

5 To examine, under such rules and regulations as have been 
or may be prescribed by the Superintendent of Public Instruc- 
tion persons proposing to teach common schools within his dis- 
trict, and not possessing the superintendent's certificate of quali- 
fication or a diploma of a state normal school, and to inquire 
into their moral fitness and capacity, and, if he find them quali- 
fied, to grant them certificates of qualification, in the forms which 
are or may be prescribed by the Superintendent. No certificate 
shall be granted to any person to teach in the public schools of 
this state, who has not passed a satisfactory examination in physi- 
ology and hygiene, with special reference to the effects of alco- 
holic drinks, stimulants and narcotics upon the human system. 
No certificate shall be granted to any person under the age of 
18 years. 

6 To examine any charge affecting the moral character of any 
teacher within his district, first giving such teacher reasonable 
notice of the charge, and an opportunity to defend himself there- 
from; and if he find the charge sustained, to annul the teacher's 
certificate, by whomsoever granted, and to declare him unfit to 
teach; and if the teacher holds a certificate of the Superintendent, 
or a diploma of a state normal school, to notify the Superintendent 
forthwith of such annulment and declaration. 

7 And, generally, to use his utmost influence and most strenu- 
ous exertions to promote sound education, elevate the character 
and qualifications of teachers, improve the means of instruction 
and advance the interests of the schools un-der his supervision. 

§14 Every school commissioner shall have power to take affi- 
davits and administer oaths in all matters pertaining to common 



CONSOLIDATED SCHOOL LAW 2C) 

T!TI.E ."i 

schools, but without charge or fee; and, under the direction of 
the vSuperintendent of Public Instruction, to take and report to 
him the testimony in any case of appeal. When so directed by issuing of 

, „ . , ^ , , . . . subpoenas, 

the Supermtendent, said commissioner shall have power to issue etc. 
subpoenas to compel the attendance of witnesses. Service of 
said subpoenas shall be made a reasonable time before the time 
therein named for the hearing, by exhibiting the same to the 
person so served, with the signature of the commissioner attached, 
and by leaving with such person a copy thereof. The person so 
served shall be entitled to receive from the person or officer at 
whose instance he is subpoenaed, at the time of service, the same 
fees as provided by law for witnesses in courts of records. Dis- 
obedience of such subpoena shall subject the delinquent to a pen- Penalty for 

' • disobedience 

alty of $25, which shall, unless sufncient excuse is shown, upon of subpoenas 

the certificate of the commissioner showing such facts, be imposed 

by the county judge of the county in which such commissioner 

resides, and shall be paid forthwith to the county treasurer for 

the benefit of the poor of the county, or, in case such penalty shall 

not be paid, such delinquent shall stand committed to the county 

jail of the county for the period of 25 days, unless sooner paid. 

§15 The commissioners shall be subject to such rules and regu- Rules and 

regulations 

lations as the Superintendent of Public Instruction shall, from 
time to time, prescribe, and appeals from their acts and decisions 
may be made to him, as hereinafter provided. They shall, when- Reports to 

.,,,'. , . : Superin- 

ever required by the Superintendent, report to him as to anytendent 

particular matter or act, and shall severally make to him annually, 

to the first day in August in each year, a report in such form and 

containing all such particulars as he shall prescribe and call for; 

and, for that purpose, shall procure the reports of the trustees 

of the school districts from the town clerk's offices, and, after Annual report 

. 1 r 1 11 i fi^'J"^ returns 

abstracting the necessary contents thereof, shall arrange and of school 

trustees 

indorse them properly and deposit them, with a copy of his own 
abstract thereof, in the office of the county clerk, and the clerk 
shall safely keep them. 

§16 It shall be the duty of all trustees and boards of educa- Use of school 

1,1.. . . building for 

tion for school districts under the supervision of school com- examinations 
missioners, to grant the use of any school building under their 
charge for all examinations appointed by the Superintendent of 
Public Instruction, upon the written request of the commissioner 
having jurisdiction over the same. 



30 



NEW YORK STATE EDUCATION DEPARTMENT 



Duties as to 
school districts 



Joint districts 



Descriptions 
and numbers 
of districts 



Alteration of 
districts upon 
consent 



Ordering of 
alterations 
upon refusal 
of consent 



Notice of 
hearing ob- 
jections to 
alterations 



Supervisor 
and clerk 
associated 
with com- 
missioner 



Hearing and 

decision 
thereon 



TITLE VI 
School districts; formation, alteration and dissolution thereof 

§1 It shall be the duty of each school commissioner, in respect 
to the territory within his district: 

I To divide it, so far as practicable, into a convenient number 
of school districts, and alter the same as herein provided. 

^ 2 In conjunction with the commissioner or commissioners of 
an adjoining school commissioner district or districts, to set off 
joint districts, composed of adjoining parts of their respective 
districts, and separately to institute proceedings to alter the 
same in respect to the territory within his own district. 

3 To describe and number the school districts, and joint dis- 
tricts, and to deliver, in writing, to the town clerk, the descrip- 
tion and number of each district lying in whole or in part in his 
town, together with all notices, consents and proceedings relat- 
ing to the formation or alteration thereof, immediately after 
such formation or alteration. Every joint district shall bear the 
same number in every school commissioner district of whose 
territory it is in part composed. 

§2 With the written consent of the trustees of all the dis- 
tricts to be affected thereby, he may, by order, alter any school 
district within his jurisdiction, and fix, by said order, a day when 
■the alteration shall take effect. 

§3 If the trustees of any such district refuse to consent, he 
may make and file with the town clerk his order making the alter- 
ation, but reciting the refusal, and directing that the order shall 
not take effect, as to the dissenting district or districts, until a 
day therein to be named, and not less than three months after 
the date of such order. 

^ §4 Within lo days after making and filing such order he shall 
give at least a week's notice in writing to one or more of the assent- 
ing and dissenting trustees of any district or districts to be affected 
by the proposed alterations, that at a specified time, and at a named 
place within the town in which either of the districts to be affected 
lies he will hear the objections to the alteration. The trustees 
of any district to be affected by such order may request the super- 
visor and town clerk of the town or towns, within which such 
district or districts shall wholly or partly lie, to be associated 
with the commissioner. At the time and ^ place mentioned in 
the notice the commissioner, or commissioners, with the super- 



lAs amended by section i, chapter 223, laws of 1895 
2As amended by section 4, chapter 264, laws of 1896. 



CONSOLIDATED SCHOOL LAW 3I 

TITLE 6 

visors and town clerks, if they shall attend and act, shall hear 
and decide the matter; and the decision shall be final unless duly 
appealed from. Such decision must either affirm or vacate the Fiiipi? of 

^ ^ decision 

order of the commissioner, and must be filed with and recorded 
by the town clerk of the town or towns in which the district or 
districts to be affected shall lie, and a tie vote shall be regarded 
a decision for the purposes of an appeal on the merits. Upon 
such appeal the Superintendent of Public Instruction may affirm, 
modify or vacate the order of the commissioner or the action of 
the local board. 

§5 The supervisor and town clerk shall be entitled each, to Fees of super- 

. . , ^ visor and 

$1.50 a day, for each days service m any such matter, to be town clerk 
levied and paid as a charge upon their town. 

' §6 Any school commissioner may also, with the written con-^is^o]^ij|^^o^ 
sent of the trustees of all the districts to be affected thereby, 
dissolve one or more school districts adjoining any union free 
school district other than one whose limits correspond with any 
city or incorporated village, and annex the territory of such dis- 
tricts so dissolved to such union free school district. He may 
alter the boundaries of any union free school district whose limits Alteration of 

., ,.,, . . . -.,, boundaries of 

do not correspond with those of any city or incorporated village, union free 

,., . . . ' , , ^. . , school districts 

m like manner as alterations of common school districts may be 
made as herein provided; but no school district shall be divided, 
which has any bonded indebtedness outstanding. 

§7 Whenever it may become necessary or convenient to form a Formation of 

11^.. r 1 r 11 •• joint districts 

school district out ot parcels oi two or more school commissioner 
districts, the commissioners of such districts, or a majority of them, 
may form such district; and the commissioners within whose dis- 
tricts any such school district lies, or a majority of them, may alter Alteration or 

1. , . dissolution 

or dissolve it. 

§8 If a school commissioner, by notice in writing, shall require .Special meet- 
the attendance of the other commissioner or commissioners, at ain^ordis- 

• • , j_'i'ji r 1 • I- 1 • !•• solving joint 

joint meeting tor the purpose ot altering or dissolving such a joint districts 
district, and a majority of all the commissioners shall refuse or 
neglect to attend, the commissioner or commissioners attending, 
or any one of them, may call a special meeting of such school dis- 
trict for the purpose of deciding whether such district shall be dis- 
solved ; and its decision of that question shall be as valid as though 
made by the commissioners. 

^§9 Any school commissioner may dissolve one or more districts Consolidation 
and may from such territory form a new district , he may also unite 



lAs amended by section 2, chapter 512, laws of 1897. 
2As amended by section 4, chapter 264, laws of i8q6. 



^^ 



NEW YORK STATE EDUCATION t)EPARTMfi^ff 



Title 6 



Sale of 

property of 

dissolved 

districts 



Application 
of proceeds 



Collections 
of outstanding 
moneys 



Apportion- 
ment and 
application 
of same 



Dissolved dis- 
tricts to exist 
in law for 
settlement 
of affairs 



Deposit of 
records etc. 
with town 
clerk 



Penalty for 
refusal to 
obey orders 



a portion of such territory to any existing adjoining district or dis- 
tricts. When two or more districts shall be consolidated into one, 
the new district shall succeed to all the rights of property possessed 
by the annulled districts. 

§io When a district is parted into portions, which are annexed 
to other districts, its property shall be sold by the supervisor of the 
town, within which its schoolhouse is situate, at public auction, 
after at least five days* notice, by notice posted in three or more 
public places of the town in which the schoolhouse is situated, one 
of which shall be posted in the district so dissolved. The super- 
visor, after deducting the expenses of the sale, shall apply its pro- 
ceeds to the payment of the debts of the district, and apportion 
the residue, if any, among the owners or possessors of taxable 
property in the district, in the ratio of their several assessments 
on the last corrected assessment roll or rolls of the town or towns, 
and pay it over accordingly. 

§ 1 1 The supervisor of the town within which the schoolhouse of 
the dissolved district was situated may demand, sue for, and col- 
lect, in his name of office, any money of the district outstanding 
in the hands of any of its former officers, or any other person; and, 
after deducting his costs and expenses, shall report the balance 
to the school commissioner who shall apportion the same equitably 
among the districts to which the parts of the dissolved districts 
were annexed, to be by them applied as their district meetings 
shall determine. 

§12 Though a district be dissolved, it shall continue to exist in 
law for the purpose of providing for and paying all its just debts; 
and to that end the trustees and other officers shall continue in 
office, and the inhabitants may hold special meetings, elect officers 
to supply vacancies, and vote taxes; and all other acts neces- 
sary to" raise money and pay such debts shall be done by the in- 
habitants and officers of the district. 

§13 The commissioner, or a majority of the commissioners in 
whose district or districts a dissolved school district was situated, 
shall by his or their order in writing, delivered to the clerk of the 
district, or to any person in whose possession the books, papers 
and records of the district, or any of them, may be, direct such 
clerk or other person to deposit the same in the clerk's office in a 
town in the order named. Such clerk or other person, by neglect 
or refusal to obey the order, shall forfeit $50, to be applied to the 
benefit of the common schools of said town. The commissioner or 
commissioners shall file a duplicate of the order with such clerk. 



CONSOLIDATED SCHOOL LAW S3 

TITLE 7 

i§i4 All the fights, powers and duties conferred upon school Ejae^sjon^o^ 
commissioners by titles 5 and 6 of this act, including the sole powers 
authority to examine and license, under the rules prescribed by 
the Superintendent of Public Instruction, all persons proposing to 
teach common schools, not possessing the qualifications men- 
tioned in subdivision 5 of section 13 of title 5, shall extend to all 
districts organized under special acts, and all parts of such special 
acts inconsistent therewith are hereby repealed. 

TITLE VII 

Meetings in common school districts; the election of school district officers 
and their powers and duties 

ARTICLE I 
Of common school district meetings, who are voters, and their powers 

§1 Whenever any school district shall be formed, the commis- New district 
sioner or any one or more of the commissioners, within whose dis- 
trict or districts it may be, shall prepare a notice describing such Noti^^-f^-^g 
district,, and appointing a time and place for the first district meet- 
ing, and deliver such notice to a taxable inhabitant of the district. 

§2 It shall be the duty of such inhabitant to notify every other Ser>;:f of 
inhabitant of the district qualified to vote at the meeting, by 
reading the notice in his hearing, or in case of his absence from 
home, by leaving a copy thereof, or so much thereof as relates to 
the time, place and object of the meeting, at the place of his abode, 
at least six days before the time of the meeting. 

§3 In case such meeting shall not be held, and in the opinion o^ Jf^fJJ^Jf^gg^. 
the commissioner it shall be necessary to hold such meeting, before m^ before 
the time herein fixed for the first annual meeting, he shall deliver 
another such notice to a taxable inhabitant of the district, who 
shall serve it as hereinbefore provided. 

§4 When the clerk and all the trustees of a school district shall gjeciai^dg-^^ 
have removed from the district, or their office shall be vacant, so when^com-^^' 
that a special meeting can not be called, as hereinafter provided, call 
the commissioner may in like manner give notice of, and call a 
special district meeting. 

§=; Everv taxable inhabitant, to whom a notice of any district Penalty for 

oD J , , retusal to 

meeting shall be delivered for service, pursuant to any provisions serve notice 
of this article, who shall refuse or neglect to serve the same, as 
hereinbefore prescribed, shall forfeit $5 for the benefit of the dis- 
trict. 



1 Added by section 3, chapter 512, laws of 1897 



34 



NEW YORK STATE EDUCATION DEPARTMENT 



TITLE 7 

Special dis- 
trict meetings 



Annual meet- 
ing may pre- 
scribe mode 
of giving notice 



Proceedings, 
when illegal 



Annual school 
district meet- 
ing 



Proceedings, 
when annual 
meeting not 
held 



§6 A special district meeting shall be held whenever called by 
the trustees. The notice thereof shall state the purposes for which 
it is called, and no business shall be transacted at such special 
meeting, except that which is specified in the notice; and the dis- 
trict clerk, or, if the office be vacant, or he be sick, or absent, or 
shall refuse to act, a trustee or some taxable inhabitant, by order 
of the trustees, shall serve the notice upon each inhabitant of the 
district qualified to vote at district meetings, at least five days 
before the day of the meeting, in the manner prescribed in the second 
section of this title. But the inhabitants of any district may, at 
any annual meeting, adopt a resolution prescribing some other 
mode of giving notice of special meetings, which resolution and the 
mode prescribed thereby shall continue in force until rescinded or 
modified at some subsequent annual meeting. 

§7 The proceedings of no district meeting, annual or special, 
shall be held illegal for want of a due notice to all the persons 
qualified to vote thereat, unless it shall appear that the omission 
to give such notice was wilful and fraudulent. 

§8 The annual meeting of each school district shall be held on 
the first Tuesday of August in each year, and, unless the hour and 
place thereof shall have been fixed by a vote of a previous district 
meeting, the same shall be held in the schoolhouse at 7.30 o'clock 
in the evening. If a district possesses more than one schoolhouse, 
it shall be held in the one usually employed for that purpose, unless 
the trustees designate another. If the district possesses no school- 
house, or if the schoolhouse shall be no longer accessible, then 
the annual meeting shall be held at such place as the trustees, or, 
if there be no trustee, the clerk, shall designate in the notice. 

§9 Whenever the time for holding the annual meeting in school 
districts shall pass without such meeting being held in any district, 
a special meeting shall thereafter be called by the trustees or by 
the clerk of such district for the purpose of transacting the busi- 
ness of the annual meeting; and if no such meeting be called by 
the trustees or the -clerk within 20 days after such time shall have 
passed, the school commissioner of the commissioner district in 
which said school district is situated, or the Superintendent of 
Public Instruction may order any inhabitant of such district to 
give notice of such meeting in the manner provided in the second 
section of this title, and the officers of the district shall make to 
such meeting the reports required to be made at the annual meeting^ 
subject to the same penalty in the case of neglect ; and the officers 
elected at such meeting shall hold their respective offices only until 



CONSOLIDATED SCHOOL LAW 35 

TITLE 7 

the next annual meeting and until their successors are elected and 
shall have qualified as in this act provided. 

§io Whenever any district meeting shall be duly called, it shall J^uty^^jl^.^'^- 
be the duty of the inhabitants qualified to vote thereat, to assemble ^^p^'JjJIJ^^ "^" 
at the time and place fixed for the meeting. 

§11 Every person of full age residing in any school district and^^'^fj^^^^\^jj;j[^ 
who has resided therein for a period of 30 days next preceding any 
annual or special election held therein, and a citizen of the United 
States, who owns or hires, or is in the possession under a contract 
of purchase, of real property in such school district liable to taxa- 
tion for school purposes; and every such resident of such district, 
who is a citizen of the United States, of 21 years of age, and is the 
parent of a child or children of school age, some one or more of 
whom shall have attended the district school in said district for a 
period of at least eight weeks within one year preceding such school 
meeting; and every such person not being the parent, who shall 
have permanently residing with him or her a child or children of 
school age, some one or more of whom shall have attended the dis- 
trict school in said district for a period of at least eight weeks 
within one year preceding such school meeting; and every such 
resident and citizen as aforesaid, who owns any personal property, 
assessed on the last preceding assessment roll of the town, exceeding 
$50 in value, exclusive of such as is exempt from execution, and 
no other shall be entitled to vote at any school meeting held in such 
district, for all school district officers and upon all matters which 
may be brought before said meeting. No person shall be deemed Persons not 

1 • 1- -1 1 , , , 1. . . , ineligible bv 

to be meligible to vote at any such school district meeting, by reason of sex 
reason of sex, who has one or more of the other qualifications - 
required by this section. 

§12 If any person offering to vote at any school district meeting Challenges 
shall be challenged as unqualified, by any legal voter in such dis- 
trict, the chairman presiding at such meeting shall require the 
person so offering, to make the following declaration : " I do declare Declarations 
and affirm that I am, and have been, for the 30 days last past, 
an actual resident of this school district and that I am qualified to 
vote at this meeting." And every person making such declaration 
shall be permitted to vote on all questions proposed at such meet- 
ing; but if any person shall refuse to make such declaration, his or 
her vote shall be rejected. 

§13 Any person who shall wilfully make a false declaration of illegal voting, 
his or her right to vote at any such school meeting, after his or her 
right to vote thereat has been challenged, shall be deemed guilty of 



36 



NEW YORK STATE EDUCATION DEPARTMENT 



Powers of 

district 

meeting 



Election of 

district 

officers 



Ballot box 

Inspectors 
of election 



Poll list 



Ballots 



Declaration 
of result 



Treasurer, 
election of, 
how deter- 
mined 



Eligibility 
to office 



Term <.f 
office 



a misdemeanor. And any person not qualified to vote at any such 
meeting, who shall vote thereat, shall thereby forfeit $5, to be sued 
for by the supervisor for the benefit of the common schools of the 
town. 

§14 The inhabitants entitled to vote, whefi duly assembled in 
any district meeting, shall have power, by a majority of the votes 
of those present: 

1 To appoint a chairman for the time being. 

2 If the district clerk be absent to appoint a clerk for the time. 

3 To adjourn from time to time as occasion may require. 

4 To elect one or three trustees as hereinafter provided, a dis- 
trict clerk and a district collector, and in any district which shall 
so determine, as hereinafter provided, to elect a treasurer, at their 
first meeting, and so often as such offices or any of them become 
vacated, except as hereinafter provided. All district officers shall 
be elected by ballot. At elections of district officers, the trustees 
shall provide a suitable ballot box. Two inspectors of election 
shall be appointed in such manner as the meeting shall determine, 
who shall receive the votes cast, and canvass the same, and an- 
nounce the result of the ballot to the chairman. A poll list con- 
taining the name of every person whose vote shall be received shall 
be kept by the district clerk, or the clerk for the time of the meeting. 
The ballots shall be written or printed, or partly written and partly 
printed, containing the name of the person voted for and desig- 
nating the office for which each is voted for. The chairman shall 
declare to the meeting the result of each ballot, as announced to 
him by the inspectors, and the persons having the majority of 
votes, respectively, for the several offices, shall be elected. 

5 At the first meeting, or at any subsequent annual meeting, 
or at any special meeting duly called for that purpose, the quali- 
fied voters of any school district are authorized to adopt by a vote 
of a majority of such voters present and voting, to be ascertained 
by taking and recording the ayes and noes, a resolution to elect a 
treasurer of said district, who shall be the custodian of all moneys 
belonging to said district, and the disbursing officer of such moneys. 
If such resolution shall be adopted, such voters shall thereupon 
elect by a ballot a treasurer for said district. No person shall be 
eligible to the office of treasurer unless he is a qualified voter in, 
and a taxable inhabitant of said district. Any person elected 
treasurer at any meeting other than an annual meeting, shall hold 
office imtil the next annual meeting after such election, and until 
his successor shall be elected or appointed, and thereafter a treasurer 
shall be elected at each annual meeting for the term of one year. 



CONSOLIDATED SCHOOL LAW 37 

TITLE 7 

6 To fix the amount in which the collector and treasurer shall Collector's 

ir-iri r r ^ ^ • c ^"*^ treasurer's 

give bonds for the due and faithful performance of the duties of bonds 
their offices. 

7 To designate a site for a schoolhouse, or, with the consent ^^^^^1^^'^^^°" 
of the commissioner or commissioners within whose district or 
districts the schoolhouse lies, to designate sites for two or more 
schoolhouses for the district. Such designation of a site or sites Special meet- 

• r 1 1 • ^"'^ therefor 

for a schoolhouse can be made only at a special meeting of the dis- 
trict, duly called for such purpose by a written resolution in which 
the proposed site shall be described by metes and bounds, and 
which resolution must receive the assent of a majority of the quali- 
fied voters present and voting, to be ascertained by taking and 
recording the ayes and noes. 

8 To vote a tax upon the taxable property of the district to Tax for sites 

-^ . . and school- 

purchase, lease and improve such site or sites or an addition to houses 

such site or sites ; to hire or purchase rooms or buildings for school- 
rooms or schoolhouses, or to build schoolhouses; and to keep in 
repair and furnish the same with necessary fuel, furniture and 
appendages. 

9 To vote a tax, not exceeding $25 in any one year, for the pur- Tax for ap- 
chase of maps, globes, blackboards and other school apparatus, textbooks 
and for the purchase of textbooks and other school necessaries 

for the use of poor scholars of the district. 

10 To vote a tax for the establishment of a school library and Tax for school 

librar'' 

the maintenance thereof, or for the support of any school library 
already owned by said district, and for the purchase of books 
therefor, and such sum as they may deem necessary for the pur- 
chase of a bookcase. 

1 1 To vote a tax to supply a deficiency in any former tax arising Tax for 

■' •' ° deficiencies 

from such tax being, in whole or in part, uncollectible. 

12 To authorize the trustees to cause the schoolhouse or school- insurance of 

property 

houses, and their furniture, appendages and school apparatus to 
be insured by any insurance company created by or under the 
laws of this state. 

13 To alter, repeal and modifv their proceeding's, from time to ^'-^eratmn of 

^ ^ . 1 o ' proceedings 

time, as occasion may require. 

14 To vote a tax for the purchase of a book for the purpose of Tax for 

^ ^ record book 

recording their proceedings. 

- i^ To vote a tax to replace monevs of the district, lost or em-^axtore- 

, place moneys 

bezzled by district officers; and to pay the reasonable expenses in- Expenses of 
curred by district officers in defending suits or appeals brought 
against them for their official acts, or in prosecuting suits or appeals 
by direction of the district against other parties. 



38 



NEW YORK STATE EDUCATION DEPARTMENT 



Tax for 

teachers' 

wages 

Trustees 
may raise 
moneys 



Tax for 
judgments 
for teachers' 
wages 



Trustees may 
levy tax 
without vote 



Trustees may 
call meeting 



Vote on 
expenditures 
of money or 
lew of tax 



Conveyance 
of pupils to 
other districts 



1 6 To vote a tax to pay whatever deficiency there may be in 
teachers' wages after the pubhc money apportioned to the district 
shall have been applied thereto ; but if the inhabitants shall neglect 
or refuse to vote a tax for this purpose, or if they shall vote a tax 
which shall prove insufficient to cover such deficiency, then the 
trustees are authorized, and it is hereby made their duty, to raise, 
by district tax, any reasonable sum that may be necessary to pay 
the balance of teachers' wages remaining unpaid, the same as if 
such tax had been authorized by a vote of the inhabitants. 

17 To vote a tax to pay and satisfy of record any judgment or 
judgments of a competent court which may have been or shall 
hereafter be obtained in an action against the trustees of the dis- 
trict for unpaid teachers' wages against the trustees of the district, 
where the time to appeal from said judgment or judgments shall 
have lapsed, or there shall be no intent to appeal on the part of 
such district, or the said judgment or judgments is or are or shall 
be of the court of last resort ; but if the inhabitants shall neglect or 
refuse to A^ote a tax for this purpose, or, if fhey vote a tax which 
shall prove insufficient to fully satisfy said judgment or judgments, 
then the trustees are authorized and it is hereby made their duty 
to raise by district tax the amount of said judgment or judgments, 
or the deficiency which may exist in any tax voted by said inhabi- 
tants to pay said judgment or judgments, the same as if such tax 
had been authorized by a vote of the inhabitants, and the trustees 
are hereby authorized, and it is hereby made their duty forthwith, 
after the expiration of 30 days from notice of any judgment or 
judgments having been entered against the district or the trustees 
thereof for unpaid teachers' wages, to call a meeting of the inhabi- 
tants of said district, who shall have power, as aforesaid, to vote a 
tax to pay said judgment or judgments; and in case they refuse or 
neglect to do so, the trustees are authorized, and it is hereby made 
their duty, unless said judgment or judgments are appealed from, 
to raise by district tax the amount of said judgment or judgments 
as hereinbefore provided. 

18 In all propositions arising at said district meetings, involving 
the expenditure of money, or authorizing the levy of a tax or taxes, 
the vote thereon shall be by ballot, or ascertained by taking and 
recording the ayes and noes of such qualified voters attending and 
voting at such district meetings. 

^19 Whenever any district shall have contracted with the school 
authorities of any city, village or other school district for the edu- 



^Added by section 5, chapter 264, laws of 1896; and amended by chapter 175, laws of 1003. 



CONSOLIDATED SCHOOL LAW 3<) 

TITLE 7 

cation therein of the pupils residing in such school district, or when- 
ever in any school district children of school age shall reside so 
remote from the schoolhouse therein that they are practically 
deprived of school advantages during any portion of the school 
year, the inhabitants thereof entitled to vote are authorized to 
provide, by tax or otherwise, for the conveyance of any or all 
pupils residing therein to the schools of such city, village or district 
with which such contract shall have been made, or to the school 
maintained in said district, and the trustees thereof may contract 
for such conveyance when so authorized in accordance with such 
rules and regulations as they may establish, and for the purpose of 
defraying any expense incurred in carrying out the provisions of 
this act, they may if necessary use any portion of the public money 
apportioned to such district as a district quota. 

§15 In school districts in which the number of children of school Election of 

o^Ticers in 

age exceeds 300, as shown by the last annual report of the trustees districts over 
to the school commissioners, the qualified voters of any such dis- 
trict, at any annual meeting thereof, may by the vote of a majority 
of those present and voting, to be ascertained by taking and record- 
ing the ayes and noes, determine that the election of officers of 
said district shall be held on the Wednesday next following the 
day designated by law for holding the annual meeting: of said dis-T-meof 

• -r? -1 1 -, • • 1 1, 1 1 111. holding same 

trict. Until such determmation shall be changed, such election 
shall be held on the Wednesday next following the day on which 
such annual meeting of such district shall be held in each year, 
between the hours of 12 o'clock noon and 4 o'clock in the after- 
noon, at the principal schoolhouse in such district, or such other 
suitable place as the trustees may designate. When the place of Notice of 
holding such election is other than at the principal schoolhouse,^ '^'^ '°" 
the trustees shall give notice thereof by the publication of such 
notice, at least one week before the time of holding such election, 
in some newspaper published in the district, or by posting the same 
in five conspicuous places in the district. The trustees may, by Extension 
resolution, extend the time of holding the election from four o'clock "" '^"^ 
until sunset. The trustees shall act as inspectors of election, and inso-rtors 
if a majority of the trustees shall not be present at the time for" 
opening the polls, those of them in attendance may appoint any of 
the legal voters of the district present to act as inspectors in place 
of the absent trustees ; and if none of the trustees shall -be present 
at the time of opening the polls, the legal voters present may 
choose three of their number to act as inspectors. If any such dis- 
trict shall have but one trustee, the legal voters of the district 



40 



NEW YORK STATE EDUCATION DEPARTMENT 



Penalty for 
refusing to 
record names 



present at the time of opening the polls, may choose two of their 
number to act with said trustee as inspectors. The district clerk 
shall attend at the election, and record in a book to be provided 
for that purpose, the name of each elector as he or she deposits his 
or her ballot. If the district clerk shall be absent, or shall be unable 
or refuse to act, the trustees or inspectors of election shall appoint 
some person who is a legal voter in the district to act in his place. 
Any clerk or acting clerk at such election who shall neglect or 
refuse to record the name of a person whose ballot is received by 
the inspectors, shall be liable to a fine of $25, to be sued for by the 
supervisor of the town. If any person offering to vote at such 
election shall be challenged as unqualified, by any legal voter, the 
chairman of the inspectors shall require the person so offering to 
vote to make the following declaration: " I do declare and affirm 
that I am and have been for the 30 days last past an actual resident 
of this school district, and that I am legally qualified to vote at 
this election." Every person making such declaration shall be 
permitted to vote; but if any person shall refuse to make such 
declaration, his or her ballot shall not be received by the inspectors. 
Any person who, upon being so challenged, shall wilfully make a 
false declaration of his or her right to vote at such election, is 
guilty of a misdemeanor. Any person who shall A^ote at such 
election, not being duly qualified, shall, though not challenged, 
forfeit the sum of $10, to be sued for by the supervisor of the town 
for the benefit of the school or schools of the district. The trustees 
of the district shall, at the expense of the district, provide a suitable 
box in which the ballots shall be deposited as they are received. 
Such ballots shall contain the names of the persons voted for, and 
shall designate the office for which each one is voted, and such 
ballots may be either written or printed, or partly written and 
partly printed. The inspectors, immediately after the close of 
the polls shall proceed to canvass the votes. They shall first 
count the ballots to determine if they tally with the number of 
names recorded by the clerk. If they exceed that number enough 
ballots shall be withdrawn to make them correspond. Said in- 
spectors shall count the votes and announce the result. The per- 
son or persons having a majority of the votes respectively for the 
several offices shall be elected, and the clerk shall record the result 
of such ballot and election as announced by the inspectors. When- 
ever the time for holding such election as aforesaid shall pass with- 
out such election being held in any such district, a special election 
shall be called bv the trustees or clerk, and if no such election be 



CONSOLIDATED SCHOOL LAW 4I 

TITLE 7 

called by the trustees or clerk within 20 days after such time shall 
have passed, the school commissioner or the Superintendent of 
Public Instruction may order an inhabitant of such district to give 
notice of such election in the manner provided in the second sec- 
tion of this title; and the officials elected at such special election J^^^^J^^^^^^^^" 
shall hold their respective offices only until the next annual elec- ^''^'"'^^^ 
tion, and until their successors are elected and shall have qualified, 
as in this act provided. All disputes concerning the validitv of Election dis- 

putes, how 

any such election, or of any votes cast thereat, or of any of the actsf^ecided 
of the inspectors or clerk, shall be referred to the Superintendent 
of Public Instruction, whose decision in the matter shall be final. 
Such Superintendent may, in his discretion, order a new election 
in any district. 

The foregoing provision shall not apply to school districts in Limitation of 

o o r r-r J foregoin},' 

cities, nor to union free school districts whose limits correspond provisions 
with those of an incorporated village, nor to any school district 
organized under a special act of the Legislature, in which the time, 
manner and form of the election of district officers shall be different 
from that prescribed for the election of officers in common school 
districts, organized under the general law, nor to any of the school 
districts in the counties of Richmond, Suffolk, Chenango, West- 
chester, Warren, Erie and St Lawrence. 

ARTICLE 2 
Of district schoolhouses and sites 
§16 No schoolhouse shall be built so as to stand, in whole or in location of 

. schoolhouses 

part, upon the division line of any two towns. 

^§17 No schoolhouse shall hereafter be erected in any citv of App^'^^^U'^ 

' - •" plans by C-om- 

the third class or in any incorporated village or school district of "?',ssioner of 

' '- ° bducation 

this state, and no addition to a school building in any such place 
shall hereafter be erected the cost of which shall exceed $500, until 
the plans and specifications for the same shall have been sub- 
mitted to the Commissioner of Education and his approval indorsed 
thereon. Such plans and specifications shall show in detail the 
ventilation, heating and lighting of such buildings. Such Com- 
missioner of Education shall not approve any plans for the erection 
of any school building or addition thereto unless the same shall 
provide at least 15 square feet of floor space and 200 cubic feet of 
air space for each pupil to be accommodated in each study or 
recitation room therein, and no such plans shall be approved by 
him unless provision is made -therein for assuring at least 30 cubic 



jAs amended by section i, chapter 281, laws of i«;)04. 



42 NEW YORK STATE EDUCATION DEPARTMENT 

TITLE 7 

feet of pure air every minute per pupil, and the facilities for exhaust- 
ing the foul or vitiated air therein shall be positive and independent 
of atmospheric changes. No tax vo^.ed by a district meeting or 
other competent authority in any such city, village or school dis- 
trict exceeding the sum of $500, shall be levied by the trustees until 
the Commissioner of Education shall certify that the plans and 
specifications for the same comply with the provisions of this act. 
All schoolhouses for which plans and detailed statements shall be 
filed and approved, as required by this act, shall have all halls, 
doors, stairways, seats, passageways and aisles and all lighting and 
heating appliances and apparatus arranged to facilitate egress in 
cases of fire or accident and to afford the requisite and proper ac- 
commodations for public protection in such oases. All exit doors 
shall open outwardly, and shall, if double doors; be used, be fastened 
with movable bolts operated simultaneously by one handle from the 
inner face of the door. No staircase shall be constructed with 
winder steps in lieu of a platform, but shall be constructed with 
straight runs, changes in direction being made by platforms. No 
door shall open immediately upon a flight of stairs, but a landing 
at least the width of the door shall be provided between such 
stairs and such doorway. 
Levy and '§i8 Whenever a majority of the inhabitants of any school 

tax In Install- district entitled to vote, to be ascertained by taking and record- 
Svorabie°vote ing the aycs and noes of such inhabitants attending and voting 
at any annual, special or adjourned school district meeting, legally 
called or held, shall determine that the sum proposed and provided 
for in the last preceding section shall be raised by instalments, it 
shall be the duty of the trustees of such district, and they are 
hereby authorized to cause the same to be raised, levied and col- 
lected in equal instalments in the same manner and with the like 
authority that other school taxes are raised, levied and collected, 
and tchmake out their tax list and warrant for the collection of such 
instalments, with interest thereon, as they become payable, accord- 
ing to the vote of the said inhabitants ; but the payment or collec- 
tion of the last instalment shall not be extended beyond 20 years 
Reconsidera- from the time such vote was taken; and no vote to lew anv such 

tion of vote .^^ ,. , '"., 

tax shall be reconsidered except at an adjourned annual or special 
meeting, to be held within 30 days thereafter, and a like majority 
shall be required for reconsideration as that by which tax was 
Issue of bonds Originally imposed. For the purpose of giving effect to these pro- 
visions, trustees are hereby authorized, whenever a tax shall have 



lAs amended by section i, chapter 274, laws of 1895. 



CONSOLIDATED SCHOOL LAW 43 

TITLE 7 

been voted to be collected in instalments for the purpose of build- 
ing a new schoolhouse or an addition to a schoolhouse, to borrow 
so much of the sum voted as may be necessary, at a rate of interest 
not exceeding 6 per centum, and to issue bonds or other evidences 
of indebtedness therefor, which shall be a charge upon the district 
and be paid at maturity, and which shall not be sold below par. 
Due notice of the time and place of the sale of such bonds shall be Notice of 

sale thereof 

given at least lo days prior thereto. It shall be the duty of the 
trustees or the person or persons having charge of the issue or pay- 
ment of such indebtedness, to transmit a statement thereof to the 
clerk of the board of supervisors of the county in which such in- 
debtedness is created, annually, on or before the first day of 
November. 

§10 So long as a district shall remain unaltered, the site of a Change of 

1 11 11- 1 • 1 1 • 111 1 ^^^^' °'* removal 

schoolhouse owned bv it, upon which there is a schoolhouse erected of school- 
house 
or in process of erection, shall not be changed, nor such school- 
house be removed, unless by the consent, in writing, of the school 
commissioner having jurisdiction; nor with such consent, unless 
a majority of all the legal voters of said district present and voting, 
to be ascertained by taking and recording the ayes and noes, at 
a special meeting called for that purpose, shall adopt a written 
.resolution designating such new site, and describing such new 
site by metes and bounds. 

§2o Whenever the site of a schoolhouse shall have been changed, Saieof 
as herein provided, the inhabitants of a district entitled to vote, sites and 

bviildings 

lawfully assembled at any district meeting, shall have power, 

by a majority of the votes of those present, to direct the sale of 

the former site or lot, and the buildings thereon and appurtenances 

or any part thereof, at such price and upon such terms as they 

shall deem proper; and any deed duly executed by the trustees Validity 

of such district i or a majority of them, in pursuance of such direc-" 

tion, shall be valid and effectual to pass all the estate or interest 

of such school district in the premises, and when a credit shall 

be directed to be given upon such sale for the consideration money, Security for 

or any part thereof, the trustees are hereby authorized to take money^'^^ *"" 

in their corporate name such security by bond and mortgage, or 

otherwise, for the payment thereof, as they shall deem best, and 

shall hold the same as a corporation, and account therefor to 

their successors in office and to the district, in the manner they 

are now required by law to account for moneys received by them; 

and the trustees of any suck district for the time being may, in Recovery of 

their name of office, sue for and recover the moneys due and S°"^^^ ^"®' 

unpaid upon any security so taken by them or their predecessors. 



44 



NEW YORK STATE EDUCATION DEPARTMENT 



TITLE 7 



§2 1 All moneys arising from any sale made in pursuance of 
the last preceding section, shall be applied to the expenses incurred 
in procuring a new site, and in removing or erecting thereon a 
schoolhouse, and improving and furnishing such site and house, 
and their appendages, so far as such application shall be neces- 
sary; and the surplus, if any, shall be devoted to the purchase 
of school apparatus and the support of the school, as the inhabi- 
tants at any annual meeting shall direct. 

ARTICLE 3 

Of the qualification, election and terms of office of district officers, 
and of vacancies in such offices 

§22 No school commissioner or supervisor is eligible to the 
office of trustee, and no trustee can hold the office of district clerk, 
collector, treasurer or librarian. . 

§23 Every district officer must be a resident of his district, 
and qualified to vote at its meetings. No person shall be eligible 
to hold any school district office who can not read and write. 

§24 From one annual meeting to the next is a year within the 
meaning of the following provisions: The term of office of a sole 
trustee of a district is one year. The full term of a joint trustee 
is three years, but a joint trustee may be elected for one or two 
years, as herein provided. The term of office of all other district 
officers is one year. Every district officer shall hold his office, 
unless removed during his term of office, until his successor shall 
be elected or appointed. 

§25 The terms of all officers elected at the first meeting of a 
newly created district shall expire on the first Tuesday of August, 
next thereafter. 

§26 On the first Tuesday of August next after the erection of 
a district, at its first annual meeting, the electors shall determine, 
by resolution, whether the district shall have one or three trustees; 
and if they resolve to have three trustees, shall elect the three 
for one, two and three years, respectively, and shall designate 
by their votes for which term each is elected; thereafter in such 
district, one trustee shall be elected at each annual meeting to 
fill the office of the outgoing trustee. The electors of any dis- 
trict having three trustees, shall have power to decide by reso- 
lution, at any annual meeting, whether the district shall have a 
sole trustee or three trustees, and if they resolve to have a sole 
trustee, the trustee or trustees in office shall continue in office 
until their term or terms of office shall expire, and no election 



CONSOLIDATED SCHOOL LAW 45 

TITLE 7 

of a trustee shall be had in the district until the offices of such 
trustee or trustees shall become vacant by the expiration of their 
terms of office or otherwise, and thereafter but one trustee shall 
be elected for said district, until the electors of a district having increase of 

number 

decided to have but one trustee shall determine at an annual 
meeting, by a two thirds vote of the legal voters present thereat, 
to have three trustees; in which case they shall, upon the adop- 
tion of such resolution, proceed to elect three trustees or such 
number as mav be necessary to form a board of three trustees, 
in the same manner as provided in this section for the election 
of three trustees at the first annual meeting after the erection 
of a district; and thereafter in such district, one trustee shall 
be elected for three years, at each annual meeting, to fill the office 
of the outgoing trustee. 

§27 It shall be the dutv of the district clerk, or of anv person Notice to per- 

^ ' ' ■' ^ sons elected 

who shall act as clerk at any district meeting, when any officer 

shall be elected, forthwith to give the person elected notice thereof 

in writing; and such person shall be deemed to have accepted Acceptance 

the office, unless, within five days after the service of such notice, of office 

he shall file his written refusal with the clerk. The presence of 

any such person at the meeting which elects him to office, shall 

be deemed a sufficient notice to him of his election. 

§28 The collector or treasurer vacates his office bv not exe-Officeof 

o -• collector or 

cuting a bond to the trustee or trustees, as hereinafter required, t^eaMirer^^^^^ 
and the trustee or trustees may supply the vacancy. 

§20 In case the office of a trustee shall be vacated bv his death. Vacancies in 

07 ^^'- ^ - office of trustee 

refusal to serve, incapacity, removal from the district, or by his 
being removed from the office, or in any other manner, and the 
vacancy be not supplied by a district meeting within one month 
thereafter, the school commissioner of the commissioner district, 
within which the schoolhouse or principal schoolhouse of the 
district is situated, may, by writing, under his hand, appoint a 
competent person to fill it. If such vacancy is supplied by a 
district meeting, it shall be for the balance of the unexpired term ; 
but when such vacancy is supplied by appointment by a school 
commissioner it shall be onh^ until the next annual meeting of 
the district. 

§^0 A trustee who publicly declares that he will not accept Neglect of 

dutv or re- 

or serve in the office of trustee, or who refuses or neglects to attend fusai to serve 

r 1 1 1 r 1 • 1 1 • 1 1 • vacates office 

three successive meetings of the board, of which he is duly noti- 
fied, without rendering a good and valid excuse therefor to the 
other trustees, or trustee, where there are but two, vacates his 
office by refusal to serve. 



46 



NEW YORK STATE EDUCATION DEPARTMENT 



TITLE 7 

Vacancies in 
office of clerk, 
cc'lector or 
treasurer 



Filing and 
notice of ap- 
pointment 



Penalty for 
refusal to 
serve or 
neglect of duty 



Acceptance of 
resignation 



Filing of same 
bars recovery 
of penalty 



§31 Any vacancy in the office of clerk, collector or treasurer, 
may be supplied by appointment under the hands of the trustee 
or trustees of the district, or a majority of them, and the appointees 
shall hold their respective offices until the next annual meeting 
of the district, and until others are elected and take their places. 

§32 Every appointment to fill a vacancy shall be forthwith 
filed by the commissioner or trustees making it, in the office of the 
district clerk, who shall immediately give notice of the appointment 
to the person appointed. 

^^;^ Every person chosen or appointed to a school district office, 
who being duly qualified to fill the same, shall refuse to serve 
therein, shall forfeit $5; and every person so chosen or appointed, 
who, not having refused to accept the office, shall wilfully neg- 
lect or refuse to perform any duty thereof, shall by such neg- 
lect or refusal vacate his office and shall forfeit the sum of $10. 
These penalties are for the benefit of the school or schools of the 
district. But the school commissioner of the commissioner dis- 
trict wherein any such person resides may accept his written 
resignation of the office, and the filing of such resignation and 
acceptance in the office of the district clerk shall be a bar to the 
recovery of either penalty in this section mentioned; or such resig- 
nation may be made to and accepted by a district meeting. 



Duties of 
clerk 



Record of 
proceedings 
and reports 

Notice of 
meetings 



Notice to per- 
sons elected 
or appointed 



ARTICLE 4 

Of the duties of the district clerk and treasurer 

§34 It shall be the duty of the clerk of each school district: 

1 To record the proceedings of all meetings of the voters of his 
district in a book to be provided for that purpose by the district, 
and to enter therein true copies of all reports made by the trustee 
or trustees to the school commissioner. 

2 To give notice, in the manner prescribed by the sixth section 
of this title, or by the inhabitants, pursuant to such section, of 
the time and place of holding special district meetings called by 
the trustee or trustees. 

3 To affix a notice in writing of the time and place of any ad- 
journed meeting, when the meeting shall have been adjourned for 
a longer time than one month, in at least five of the most public 
places of such district, at least five days before the time appointed 
for such adjourned meeting. 

4 To give the like notice of every annual district meeting. 

5 To give notice immediately to every person elected or ap- 
pointed to office of his election or appointment ; and also to report 



CONSOLIDATED SCHOOL LAW 47 

TITLE 7 

to the town clerk of the town in which the schoolhouse of his dis- 
trict is situated, the names and postoffice addresses of such offi- Report of 

' ^ names ana 

cers, under a penalty of $5 for neglect in each instance. addresses 

6 To notify the trustee or trustees of every resignation duly ac • Notice of 

^ , ^ . . "^ resignations 

cepted by the school commissioner. 

7 To keep and preserve all records, books and papers belonging Preservation 
to his office and to deliver the same to his successor. For a refusal of records 
or neglect so to do, he shall forfeit $50 for the benefit of the school 

or schools of the district, to be recovered by the trustees. 

8 In case his district shall be dissolved, to obey the order of the Oep'^^siting of 
school commissioner or commissioners as to depositing the t>ooks, ^|sso!^e^<^^ 
papers and records of his office in the town clerk's office. 

9 To attend all meetings of the board of trustees when notified. Attendance 

3.t trustee 

and keep a record of their proceedings in a book provided for that meetings 
purpose. 

10 To call special meetings of the inhabitants whenever all the Calling special 

^ ° meetmgs 

trustees of the district shall have vacated their office. 

11 The records, books and papers belonging or appertaining to Records etc. 
the office of the clerk of any school district, as in this section men-^^trfctiT "^ 
tioned, are hereby declared to be the property of said school dis- 
trict respectively, and shall be open for inspection by any qualified Open to 
voter of the district at all reasonable hours, and any such voter 

may make copies thereof. 

§35 The treasurer of a school district shall be the custodian of Treasurer, 
all moneys belonging to the district from whatever source derived, 
and it is hereby made the duty of the trustee or trustees of such Trustees to 

1 • • 1 111 1 P^y over 

district to pay to such treasurer any and all moneys that may come moneys to 
into his or their hands belonging to such district derived from sales 
of personal or real property of the district, from insurance policies, 
from bonds of the district issued and sold by him or them, or from 
any other source whatsoever. The collector of such district shall Collector to 
pay over to such treasurer all moneys collected by him under and moneys 
by virtue of any tax list and warrant issued and delivered to him. 
Such treasurer is hereby authorized and empowered to demand and May demand 
receive from the supervisor of the town in which such school dis- public moneys 
trict is situated all public money apportioned to said district. It 
shall be the duty of such treasurer within 10 days after notice of Treasurer's 
his election to execute and deliver to the trustee or trustees of such '^°"^ 
district his bond in such sum as shall have been fixed by a district 
meeting or as such trustee or trustees shall require, with at least 
two sureties to be approved by such trustee or trustees, condi- 
tioned to faithfully discharge the duties of his office, and to well 



48 



NEW YORK STATE EDUCATION DEPARTMENT 



Disburse- 
ments, how 
made 

Report of 
receipts and 
disbursements 



and truly account for all moneys received by him, and to pay over 
any sum or sums of money remaining in his hands to his successor 
in office. Such bond when so executed and approved in writing 
by such trustee or trustees shall be filed with the district clerk. 
No moneys shall be paid out or disbursed by such treasurer except 
upon the written orders of a sole trustee or a majority of the trus- 
tees. Such treasurer shall, whenever required by such trustee or 
trustees, report to him or them a detailed statement of the moneys 
received by him, and his disbursements, and at the annual meeting 
of such district he shall render a full account of all moneys received 
by him and from what source and when received, and all disburse- 
ments made by him and to whom and the dates of such disburse- 
ments respectively, and the balance of moneys remaining in his 
hands. 



Admission of 
pupils to com- 
mon schools 



Taxation of 
nonresident 
pupils 



Admission of 
Indian pupils 



Qualifications 
of teachers 



ARTICLE 5 
Of pupils and teachers 

§36 Common schools in the several school districts of this state 
shall be free to all persons over 5 and under 21 years of age residing 
in the district as hereinafter provided; but nonresidents of a dis- 
trict, if otherwise competent, may be admitted into the school of 
a district, with the written consent of the trustees, or of a majority 
of them, upon such terms as the trustees shall prescribe; provided 
that if such nonresident pupils, their parents or guardians, shall 
be liable to be taxed for the support of said schools in the district, 
on account of owning property therein, the amount of any such 
tax paid by a nonresident pupil, his parent or guardian, during the 
current school year, shall be deducted from the charge for tuition. 

§37 If a school district include a portion of an Indian reserva- 
tion, whereon a school for Indian children has been established by 
the Superintendent of Public Instruction, and is taught, the school 
of the district is not free to Indian children resident in the district 
or on the reservation, nor shall they be admitted to such school 
except by the permission of the Superintendent. 

^§38 No teacher is qualified, within the meaning of this act, who 
does not possess an unannuUed diploma granted by a state normal 
school, or an unrevoked and unannulled certificate of qualification 
given by the Superintendent of Public Instruction, or an unexpired 
certificate of qualification given by the school commissioner within 
whose district such teacher is employed. No person shall be 
deemed to be qualified who is under the age of 18 years. 



>As amended by section 6, chapter 264, laws of 1896. 



CONSOLIDATED SCHOOL LAW 49 



TITLE 7 



§39 No part of the school moneys apportioned to a district can Payment to 
be applied or permitted to be aplied to the payment of the wages teachers 
of an unqualified teacher, nor can his or her wages, or any part of 
them, be collected by a district tax. 

§40 Any trustee who applies, or directs, or consents to the ap- Penalty for 

such payment 

plication of any such money to the payment of an unqualified 
teacher's wages, thereby commits a misdemeanor; and any fine 
imposed upon him therefor shall be for the benefit of the common 
schools of the district. 

§41 Teachers shall keep, prepare and enter in the books provided Teachers to 

r \ 1111- 1 r 11 keep lists 01 

for that purpose, the school lists and accounts of attendance here- attendance 
inafter mentioned, and shall be responsible for their safe-keeping 
and delivery to the clerk of the district at the close of their en- 
gagements or terms. 

ARTICLE 6 

Of trustees, their powers and duties; and of school taxes and annual 

reports 

§42 The trustee or trustees of every school district, whether there Board of 
is one, or are three trustees as hereinbefore provided, shall consti- 
tute a board for each of said districts respectively, and each of said 
boards are hereby severally created bodies corporate. 

§43 All property which is now vested in, or shall hereafter be Property to 
transferred to the trustee or trustees of a district, for the use of corporation 
schools in the district, shall be held by him or them as a corpora- 
tion. 

§44 A board consisting of a sole trustee of the district shall have Sole trustee, 
all the powers, and be subject to all the duties, liabilities and penal- and duties 
ties conferred and imposed by law upon or against a board of three 
trustees or any trustee or trustees, or a majority of the trustees of 
said board having three trustees of a district. 

§45 The trustee or trustees of a district compose a board, andPowersto 

. . , . be exercised 

every power committed to said trustees by this act must be exer- by board 
cised by the board. The board must meet for the transaction of 
business in accordance with notice of time and place, In a board g°J^^^p^\°"^ 
composed of three trustees when two only meet to deliberate upon ^'""^tees valid 
any matter or matters, and the third, if notified, does not attend, 
or the three meet and deliberate thereon, the conclusion of two Minutes 

1 1 • 1 -1 • thereof 

upon the matter, and their order, act or proceeding m relation evidence 
thereto, shall be as valid as though it were the conclusion, orderi 
act or proceeding of the three; and a recital of the two in their 
minute of the conclusion, act. or proceeding, or in their order, act 
or proceeding of the fact of such notice, or of such meeting and de- 



50 



NEW YORK STATE EDUCATION DEPARTMENT 



Meetings 
called by any 
member 



Remaining 
trustees may 
act in case of 
vacancies 



Special 
meetings for 
vacancies 



Duties of 
trustees 



Special 
meetings 

Notice of 
meetings 



Tax list 



Warrant to 
collector 



Purchase, 
lease etc. 
of school- 
houses etc. 



Repairs and 
furnitui-e 



Custody of 
property 



Insurance 
of school- 
houses, appar- 
atus, etc. 



liberation, shall be conclusive evidence thereof. A meeting of the 
board may be ordered by any member thereof, by giving not less 
than 24 hours notice of the same. 

§46 While there is one vacancy in the office of trustee, the two 
trustees have all the powers and are subject to all the duties and 
liabilities of the three. And while there are two such vacancies, 
the trustee in office shall have all the power and be subject to all 
the duties and liabilities of the three, as though he were a sole 
trustee. When a vacancy or vacancies shall occur in the office of 
trustee, the first act of the board shall be to call a special meeting 
of the district to supply such vacancy or vacancies. 

§47 It shall be the duty of the trustee or trustees of every school 
district, and they shall have power: 

1 To call special meetings of the inhabitants of such districts 
whenever they shall deem it necessary and proper. 

2 To give notice of special, annual and adjourned meetings in 
the manner prescribed in the sixth s'ection of this title, if there be 
no clerk of the district, or be he absent or incapable of acting, or 
shall refuse to act. 

3 To make out a tax list of every district tax voted by any such 
meeting, or authorized by law, containing the names of all the tax- 
able inhabitants residing in the district at the time of making out 
the list, and the amount of tax payable by each inhabitant, set 
opposite to his name, as directed in the seventh article of this 
title. 

4 To annex to such tax list a warrant, directed to the collector 
of the district, for the collection of the sums in such list mentioned. 

5 To purchase or lease a site or sites for the district schooMiouse 
or schoolhouses, as designated by a meeting of the district and to 
build, or purchase such schoolhouse or houses as may be so desig- 
nated; and to hire rooms or buildings for such school purposes, and 
to keep in repair and furnish such schoolhouse or houses, rooms 
or buildings with necessary fuel, furniture, school apparatus, heat- 
ing apparatus and appendages, and to pay the expense thereof 
by tax but such expense shall not exceed $50 in any one year, unless 
authorized by the district or by law. 

6 To have the custody and safe-keeping of the district school- 
house or houses, their sites and appurtenances. 

7 When thereto authorized by a meeting of the district to insure 
the schoolhouse or houses, and their furniture, and the school ap- 
paratus in some company created by or under the laws of this state, 
and to comply with the conditions of the policy, and raise the pre- 



CONSOLIDATED SCHOOL LAW 5 1 

TITLE 7 

miums by a district tax. If the district meeting shall neglect to 
make such authorization, it shall be the duty of the trustee or trus- 
tees to insure such schoolhouse or houses, and their furniture and 
school apparatus, and the premiums paid shall be raised by dis- 
trict tax. 

8 To insure the school library in such a company in a sum fixed insurance 

1 i- • • 1-1 -1 1- • '*f library 

by a district meeting, and to raise the premium by a district tax, 
and comply with the conditions of the policy. 

*9 To contract with and employ all teachers in the district school Emnioyment 

1 - 1 • /- 1 1 -I • • r 1 • 1 "^'^ teachers 

or schools as are qualified under the proyisions of this act, and to 
designate the number of teachers to be employed; to determine the 
rate of compensation to be paid to each teacher and the term of 
the employment of each teacher, respectiyely, and to determine 
the terms of school to be held in their respectiye districts during 
each school year; but no person who is related to any trustee or 
trustees by blood or marriage shall be so employed, except with 
the approyal of two thirds of the yoters of such district present Term of 

. . ... employment 

and yoting upon the question at an annual or special meeting of 
the district. Nor shall the trustees of any school district make 
any contract for the employment of a teacher for more than one 
year in adyance. Nor shall any trustee or trustees, employ any 
teacher for a shorter time than lo weeks unless for the purpose of 
filling out an unexpired term of school. Nor shall any trustee or dismissal of 

. teachers 

trustees contract with any teacher whose certificate of qualifica- 
tion shall not cover a period at least as long as that covered by the 
contract of service. Nor shall any teacher be dismissed in the 
course of a term of employment, except for reasons which, if ap- 
pealed to the Superintendent of Public Instruction, shall be held 
to be sufficient cause for such dismissal. Any failure on the part Revocation of 
of a teacher to complete an agreement to teach a term of school 
without good reason therefor shall be deemed sufficient ground for 
the revocation of the teacher's certificate. Any person employed Claim for 
in disregard of the foregoing provisions shall have no claim for 
wages against the district, but may enforce the specific contract 
made against the trustee or trustees consenting to such employ- 
ment as individuals. 

ho All trustees of school districts who shall employ any teacher '^""^'■^^*^ f^*" 

^ - ' employment 

to teach in any of said districts shall, at the time of such employ- "f t^^'^h^'"^ 
ment, make and deliver to such teacher, or cause to be made and 
delivered, a contract in writing, signed by said trustee or trustees, 
or by some person duly authorized by said trustee or trustees to 

^As amended by section g, chapter 264, laws of 1896. 
2As amended by section 8, chapter 264, laws of 1896. 



52 



NEW YORK STATE EDUCATION DEPARTMENT 



Division of 
public moneys 
for each term 



represent him or them in the premises in which the details of the 
agreement between the parties, and particularly the length of the 
term of employment, the amount of compensation and the time 
or times when such compensation shall be due and payable shall 
be clearly and definitely set forth. The pay of any teacher em- 
ployed in any of the school districts of this state shall be due and 
payable at least as often as at the end of each calendar month of 
the term of employment. 

11 To establish rules for the government and discipline of the 
schools in their respective districts; and to prescribe the course of 
studies to be pursued in such schools. Provision shall be made for 
instructing pupils in all schools supported by public money or under 
state control, in physiology and hygiene, with special reference to 
the effect of alcoholic drinks, stimulants and narcotics upon the 
human system. 

12 To pay, towards the wages of such teachers as are qualified, 
the public moneys apportioned to the district legally applicable 
thereto, by giving them orders therefor on the supervisor, or on 
the collector or treasurer of such district when duly qualified to 
receive and disburse the same, and to collect, as herein provided, 
the residue of such wages by direct tax. But no trustee shall 
issue any order or draw a draft upon the supervisor, collector or 
treasurer for any money unless there shall be at the time a suffi- 
cient amount of money in the hands of such supervisor, collector 
or treasurer belonging to the district, to meet such order or draft, 
and a violation of this provision by any trustee shall be a mis- 
demeanor and punishable as such. If, at the time of the employ- 
ment of a qualified teacher for a term of school, there shall be no 
public moneys in the hands of the supervisor, collector or treas- 
urer applicable to the payment of teachers wages, or if there shall 
not be a sufficient amount in the hands of either or all such offi- 
cers to enable the trustee or trustees to pay the teachers wages as 
they fall due, and the district meeting has failed or neglected 
to authorize a tax to pay the same, the trustee or trustees of such 
school district are hereby authorized and empowered, and it 
shall be their duty, to collect by district tax an amount sufficient 
to pay the wages of such teacher for such term, but not to exceed 
four months in advance. 

13 To divide such public moneys apportioned to the district, 
whenever authorized by a vote of their district into two or more 
portions for each year; to assign and apply one of such portions 
to each term during which a school shall be kept in such district, 



CONSOLIDATED SCHOOL LAW 55' 

TITLE 7 

for the payment of teachers wages during such term ; and to Collection of 
collect the residue of such wages not paid by the proportion of wages'by tax 
public money allotted for that purpose, by district tax as herein 
provided. 

14 To draw upon the supervisor, the collector or treasurer, when Drawing of 
duly qualified to receive and disburse the same, for the school 

and library moneys, by written orders signed by the sole trustee, 
or where there are three trustees, signed by a majority of said 
trustees as prescribed by subdivisions i and 2 of section 4 of title 
3 of this act. 

1 5 After having paid toward the wages of such teachers as are Tax for 
qualified, the public moneys of the district legally applicable wages 
thereto, by giving them orders on the supervisor, collector or 
treasurer therefor, to collect the residue of such wages by a dis- 
trict tax, or, if the same shall have been already collected, to 

give such teacher an order on the collector or treasurer for the Orders on 

11 r ^ • 1 Mi • • • 1 T-> • 1 1I collector and 

balance of his or her wages still remaining unpaid. But it shall treasurer 
be a misdemeanor, and punishable as such, for a trustee or trus- 
tees to give an order upon the collector or treasurer unless there when 
shall be in the hands of said collector or treasurer, at the time, 
sufficient money belonging to the district to meet the same. 

§48 The trustee or trustees in the several school districts shall Water-ciosets 
provide suitable and convenient water-closets or privies for each 
of the schools under their charge, at least, two in number, which 
shall be entirely separated each from the other, and having sep- 
arate means of access, and the approaches thereto shall be sep- 
arated by a substantial close fence not less than seven feet in 
hight. It sh^l be the duty of the trustee or trustees aforesaid 
to keep the same in a clean and wholesome condition, and a fail- 
ure to comply with the foregoing provisions of this section on 
the part of such trustee or trustees, shall be sufficient ground Expense and 
for his or their removal from office, and for withholding from 
the district any share of the public moneys of the state. Any 
expense incurred by such trustee or trustees in carrying out the 
requirements of this act shall be a charge upon the district, when 
such expense shall have been approved by the school commis- 
sioner of the district within which the school district is located, 
and a tax may be levied therefor without a vote of the district. 

§49 All school buildings situated in the school districts of the stairways on 
state, other than in the cities of New York and Brooklyn, which buildings 
are more than two stories high, shall have properly constructed 
stairways on the outside thereof, with suitable doorways leading 



54 



NEW YORK STATE EDUCATION DEPARTMENT 



TITLE 7 



Trustees to 
cause same 
to be con- 
structed, etc. 



Repairs to 
schoolhouses 
and apparatus 



Outbuildings 



Nuisances 



Fuel etc. 



Cleaning rooms 



Janitor's work 



Account books 



Dictionaries, 
school appar- 
atus, etc. 

Temporary 
or branch 
schoolrooms 



thereto, from each story above the first, for use in case of fire. 
Such stairways shall be kept in good order and free from obstruc- 
tion. It shall be the duty of the trustee or trustees having^ charge 
of said school buildings in school districts to cause such stair- 
ways to be constructed and maintained, and the reasonable and 
proper cost thereof, shall, in each case, be a legal charge upon the 
district, and shall be raised by tax, as other moneys are raised 
for school purposes. 

§50 The trustee or trustees of each school district shall keep 
each of the schoolhouses under his or their charge, and its furni- 
ture, school apparatus and appendages, in necessary and proper 
repair, and make the same reasonably comfortable for use, but 
not at an expense of exceeding $50 in any one year, except by a 
vote of the district. Said trustee or trustees shall also expend a 
sum not exceeding $50, in the erection of necessary outbuildings, 
when the district is wholly unprovided with such buildings, upon 
the direction of the school commissioner in whose district such 
schoolhouse is situated, or of the Superintendent of Public Instruc- 
tion. Said trustee or trustees shall also make any repairs and 
abate any nuisances, pursuant to the direction of the school com- 
missioner, as hereinbefore provided, and shall provide fuel, stoves 
or other heating apparatus, pails, brooms and other implements 
necessary to keep the schoolhouse or houses and the schoolroom 
or rooms clean, and make them reasonably comfortable for use^ 
when no provision has been made therefor by a vote of the dis- 
trict, or the sum voted by the district for said purposes shall have 
proved insufficient. Said trustee or trustees shall also provide for 
building fires and cleaning the schoolroom or rooms, and for jani- 
tor work generally in and about the schoolhouse or houses, and 
pay for such service such reasonable sum as may be agreed upon 
therefor. They shall provide the bound blank books for the 
entering of their accounts and the keeping of the school lists, 
the records of the district and the proceedings of district and 
trustee meetings, and they m.ay expend in the purchase of dic- 
tionary, maps, globes or other school apparatus, a sum not exceed- 
ing $25 in any one year. Whenever it shall be necessary for the 
due accommodation of the children of the district, by reason of 
any considerable number of said children residing in portions of 
said districts remote from the schoolhouse in said district, thereby 
rendering it difficult for them in inclement weather and in winter 
to attend school at such schoolhouse, or by reason of the room 
or rooms in said schoolhouse being overcrowded, or for any other 



CONSOLIDATED SCHOOL LAW 55 

TITLE 7 

sufficient reason the due accommodation of said children can not 
be made in said schoolhouse, they shall establish temporary or 
branch school or schools in such place or places in said district 
as shall best accommodate such children, and hire any room or 
rooms for the keeping of said temporary or branch school or schools» 
and fit up and furnish said room or rooms in a suitable manner 
for conducting: such school or schools therein. Any expenditure District 

charges 

made or liability incurred in pursuance of this section shall be a 
charge upon the district. 

§ci When trustees are required or authorized bv law, or by a Mayaise 

"^^ ^ '' . any legal sum 

vote of their district, to incur any expense for such district, and by tax 
when any expenses incurred by them are made, by express provi- 
sion of law, a charge upon such district, they may raise the amount 
thereof by tax in the same manner as if the definite sum to be 
raised had been voted by a district meeting. 

§152 The trustees, or any one of them, if not forbidden by Use of 

1 r 1 -1111 1 • r ' schoolhouse 

another, may freely permit the schoolhouse, when not m use for by others 
the district school, to be used by persons assembling therein for 
the purpose of giving and receiving instruction in any branch of 
education or learning, or in the science or practice of music. 

§1;^ They shall procure two bound blank books for the district Account books 

Y . to be kept 

and, when necessary, others m their places. In one of them, at 
or before each annual district meeting, they shall enter at large 
and sign a statement of all movable property belonging to the 
district, and their accounts of all moneys received or drawn for 
or paid by them, and they shall deliver this book to their suc- 
cessors. In the other, the teachers shall enter the names of the Teachers 

records 

pupils attending school, their ages, the names of the persons who 
send them, and the number of days each pupil attends; and, 
also, the facts and the dates of each inspection of the school by 
the school commissioner or other official visitor, and any other 
facts, and in such form as the Superintendent of Public Instruc- 
tion shall require; and each teacher shall, by his oath or affir- Verification 

of entries 

mation, verify his entries m such book, and the entries shall con- 
stitute the school lists from which the average daily attendance 
shall be determined; and such oath or affirmation may be taken 
'by the district clerk, but without charge. Until the teacher Withholding 

•^ ° of pay 

shall have so made and verified such entries, the trustees shall 
not draw on the supervisor, collector or treasurer for any portion 
of his or her wages. 

§54 If any portion of the moneys apportioned to the district ^"*'fi^^<^^°" 

^ -^ '■ ^ r r- Qf moneys 

shall not be paid by the supervisor, the collector or treasurer, withheld 



56 



NEW YORK STATE EDUCATION DEPARTMENT 



TITLE 7 



Annual report 
to districts 



Payment of 
balances to 
successors 



Neglect or 
refusal to 
account 



Suing of 

former 

trustees 



Annual report 
to commis- 
sioner 



Items of 
report 



Whole time 
school has 
been kent, etc. 



Amount of 
drafts for 
jjayments 



Upon the due requirement of the trustees, they shall forthwith 
notify the treasurer of the county, and the Superintendent of 
Public Instruction, of the fact. 

§55 The trustees shall, once in each year, render to the dis- 
trict, at its annual district meeting, a just, full and true account 
in writing, under their hands, of all moneys received by them 
respectively for the use of the district, or raised or collected by 
taxes, the preceding year, and of the manner in which the same 
shall have been expended, and showing to which of them an unex- 
pended balance, or any part thereof, is chargeable; and of all 
drafts or orders made by them upon the supervisor, collector, 
treasurer or other. custodian of moneys of the district; and a full 
statement of all appeals, actions or suits and proceedings brought 
by or against them, and of every special matter touching the 
condition of the district. 

§56 An outgoing trustee shall forthwith pay, to his successor 
or any other trustee of the district in office, all unexpended 
moneys in his hands belonging to the district. 

§57 By a wilful neglect or refusal to render such account, a 
trustee also forfeits any unexpired term of his office, and becomes 
liable to the trustees for any district moneys in his hands. 

§58 The trustees in office shall sue for and recover any district 
moneys in the hands of any former trustee, or of his personal 
representatives, and apply them to the use of the district. 

§59 The trustees of each school district shall, on the first day 
of August in each year, make to the school commissioner a report 
ii writing for the year ending July 31 preceding. In every case 
t'le trustee or trustees shall sign and certify to said report and 
deliver it to the clerk of the town, in which the schoolhouse of 
the district is situated; and every such report shall certify: 

1 The whole time any school has been kept in their district 
during the year ending on the day previous to the date of such 
report, and distinguishing what portion of the time such school 
has been kept by qualified teachers, and the whole number of days, 
including holidays, in which the school was taught by qualified 
teachers. 

2 The amount of their drafts upon the supervisor, collector or 
treasurer for the payment of teachers wages during such year, ancl 
the amount of their drafts upon him for .the. p.urchase of books 
and school apparatus during such year, "and the manner in which 
such moneys have been expended. 



CONSOLIDATED SCHOOL LAW 57 

TITLE 7 

^ The number of children taught in the district school or schools Attendance 

^ ° r 1 1 '^'^" children 

during such year by qualified teachers, and the sum of the days 
attendance of all such children upon the school. 

4 The number of children residing: in the district on the 30th Number of 

^ ° children, 

day of Tune previous to the making^ of such report, and the names names of 

'J c o 1 • 1 J • J parents, etc. 

of the parents or other persons with whom such children did 
respectively reside, and the number of children residing with each. 

5 The number of vaccinated and un vaccinated children of Vaccination 
school* age in their respective districts. 

6 The amount of monev paid for teachers wages, in addition Amount of 

^ *^ payments 

to the public money paid therefor, the amount of taxes levied in and taxes 
said district for purchasing schoolhouse sitfes, for building, hiring, 
purchasing, repairing and insuring schoolhouses, for fuel, for 
school libraries, or for any other purpose allowed by law, and 
such other information in relation to the schools and the district 
as the Superintendent of Public Instruction may, from time to 
time, require. 

§60 The annual reports of trustees of school districts, of chil- ch\if^jen 

'^ ^ mcluded in 

dren residing in their district, shall include all over 5 and under reports 
21 years of age, who shall have been, on the 30th day of June 
last preceding the date of such report, actually in the district, 
comprising a part of the family of their parents or guardians or 
employers, if such parents, guardians or employers resided at the 
time in such district, although such residence was temporary; 
but such report shall not include children belonging to the family 
of any person who' shall be an inhabitant of^any other district 
in this state, in which such children may by law be included in 
the report of its trustees; nor any children who are supported 
at a county poorhouse or an orphan asylum; nor any Indian 
children residing 'on reservations where schools provided by law 
for their education are taught. 

§61 Where a school district lies in two or more counties, its Report of 
trustees shall make such an annual report for each part of it lying tricts 
in a different county, and file each in the office of the clerk of the 
town in which the part of the district to which it especialty relates 
lies; and such report shall be in the form and contain all such 
special matters as the Superintendent of Public Instruction shall 
from time to time prescribe. 



58 



NEW YORK STATE EDUCATION DEPARTMENT 



Assessment 
and tax list 
therefor 



Heading on 
tax list 



Taxes, how 
apportioned 
and assessed 



Land lying 
in one bodv 



Nonresident 
lands 



Personal estate 



Bank stock 



Valuations of 

taxable 

property 



ARTICLE 7 

Oj the assessment of district taxes, and the collection of such taxes; 

and of the collector, his powers, ditties and liabilities 

§62 Within 30 days after a tax shall have been voted by a 
district meeting, the trustees shall assess it, and make out the 
tax list therefor, and annex thereto their warrant for its collec- 
tion. But they may at the same time assess two or more taxes 
so voted, and any tax or taxes they are authorized to raise with- 
out such vote, and make out one tax list and one warrant for the 
collection of the whole. They shall also prefix to their tax list 
a heading showing for what purpose the different items of the tax 
are levied. 

^§63 School district taxes shall be apportioned by the trustees 
upon all real estate within the boundaries of the district which 
shall not be by law exempt from taxation, except as hereinafter 
provided, and such property shall be assessed to the person or 
persons, or corporation owning or possessing the same at the 
time such tax list shall be made out, but land lying in one body 
and occupied by the same person, either as owner or agent for 
the same principal, or as tenant under the same landlord, if 
assessed as one lot on the last assessment roll of the town after 
revision by the assessors, shall, though situated partly in two 
or more school districts, be taxable in that one of them in which 
such occupant resides. This rule shall not apply to land owned 
by nonresidents of the district, and which shall not be occupied 
by an agent, servant or tenant residing in the district. Such 
unoccupied real estate shall be assessed as nonresident, and a 
description thereof shall be entered in the tax list. The trustees 
shall also apportion the district taxes upon all persons residing 
in the district, and upon all corporations liable to taxation therein, 
for the personal estate owned by them and liable to taxation. 
They shall also apportion the same upon nonresident stockholders 
in banks or banking associations situated in their districts for 
the amount of stock owned by them therein, and upon individual 
bankers doing business in their district in accordance with the 
provisions of chapter 409 of the laws of 1882, as amended by 
sections 2, 3 and 4 of chapter 714 of the laws of 1892. 

^§64 The valuations of taxable property shall be ascertained, 
so far as possible, from the last assessment roll of the town, after 



1 See section 24 and 25, article 2, of the tax law on page ; also laws of 1905, chapter 
720, mortgage tax law. 

^Chapter 385, laws of 1904, relates to completion of assessment roll, and chapter 279, laws of 
1904 fixes Sep. 15 as date when assessment rolls must be filed in the office of town clerk. 



CONSOLIDATED SCHOOL LAW 59 

TITLE 7 

revision by the assessors ; and no person shall be entitled to any 
reduction in the valuation of such property, as so ascertained, 
unless he shall give notice of his claim to such reduction in writing 
to the trustees of the district before the tax list shall be made out. 

§65 Where such reduction shall be duly claimed and where the R^duct^'i" »f 
valuation of taxable property can not be ascertained from the last 
assessment roll of the town, or where the valuation of such property 
shall have increased or diminished, since the last assessment roll 
of the town, or an error, mistake or omission on the part of the ^quaib^at^^^^ 
town assessors shall have been made in the description or valuation ^J^^ 
of taxable property, the trustees shall ascertain the true value of 
the property to be taxed from the best evidence in their power, 
giving notice to the persons interested, and proceeding in the same 
manner as the town assessors are required by law to proceed in the 
valuation of taxable property, the hearing of grievances, and the 
revision of the town assessment roll. 

§66 When a district embraces parts of more than one town, it fj^^g^;;!^^^^ 
shall be the duty of the supervisors of such towns so in part em- 
braced and they are hereby directed, upon receiving a written 
notice from the trustee or trustees of such district, or from three 
or more persons liable to pay taxes upon real estate therein, to 
meet at a time and place to be named in such notice, which time 
shall not be less than five or more than lo days from the service 
thereof, and a place within the bounds of the towns so in part em- 
braced, and proceed to inquire and determine whether the valua- 
tion of real property upon the several assessment rolls of said 
towns are substantially just, as compared with each other, so far 
as said districts are concerned, and if ascertained not to be so, 
they shall determine the relative proportion of taxes that ought 
to be assessed upon the real property of the parts of such district Assessment 
lying in different towns, and the trustees of such district shall thereafter 
thereupon assess the proportion of any tax thereafter to be raised, 
according to the determination of such supervisors, until new 
assessment rolls of the town shall be perfected and filed, using the 
assessment rolls of the several towns to distribute the said propor- 
tion among the persons Uable to be assessed for the same. In 
cases when such supervisors shall be unable to agree, they shall i^rovj^^iojis 
summon a supervisor from some adjoining town, who shall unite nonagreement 
in such inquiring, and the finding of a majority shall be the deter- 
mination of such meeting. Such supervisors shall receive for their 
services $3 per day for each day actually employed which shall be CojJP^J^^^JJtiu^ 
a town charge upon their respective towns. 



6o 



NEW YORK STATE EDUCATION DEPARTMENT 



TITLE 7 

Persons work- 
ing land on 
shares or in 
possession 
by contract 



Nonresidents 
having agents, 
etc. on land 



Tenants 
paying tax 



Exemption of 
certain per- 
sons from 
taxation for 
schoolhouses 



Taxes on 

nonresident 

lands 



Incori^orated 
companies etc. 



§67 Any person working land under a contract for a share of 
the produce of such land, shall be deemed the possessor, so far as 
to render him liable to taxation therefor, in the district where such 
land is situate, and any person in possession of real property under 
a contract for the purchase thereof shall be liable to taxation therefor 
in the district where such real property is situate. 

§68 Every person owning or holding any real property within 
any school district, who shall improve and occupy the same by his 
agent or servant, shall, in respect to the liability of such property 
to taxation, be considered a taxable inhabitant of such district, in 
the same manner as if he actually resided therein. 

§69 Where any district tax, for the purpose of purchasing a site 
for a schoolhouse, or for purchasing or building, keeping in repair, 
or furnishing such schoolhouse with necessary fuel and appendages, 
shall be lawfully assessed, and paid by any person on account of 
any real property whereof he is only a tenant at will, or for three 
years, or for a less period of time, such tenant may charge the 
owner of such real estate with the amount of the tax so paid by him, 
unless some agreement to the contrary shall have been made by 
such tenant. 

§70 Every taxable inhabitant of a district who shall have been, 
within four years, set off from any other district, without his con- 
sent, and shall within that period, have actually paid in such other 
district, under a lawful assessment therein, a district tax for building 
a schoolhouse, shall be exempted by the trustees of the district where 
he shall reside, from the payment of any tax for building a school- 
house therein. 

§71 When any real estate within a district so liable to taxation 
shall not be occupied and improved by the owner, his servant or 
agent and shall not be possessed by any tenant, the trustees of any 
district, at the .time of making out any tax list by which any tax 
shall be imposed thereon, shall make and insert in such tax list a 
statement and description of every such lot, piece or parcel of land 
so owned by nonresidents therein, in the same manner as required 
by law from town assessors in making out the assessment roll of 
their towns; and if any such lot is known to belong to an incor- 
porated company liable to taxation in such district, the name of 
such company shall be specified, and the value of such lot or piece 
of land shall be set down opposite to such description, which value 
shall be the same that was afhxed to such lot or piece of land in the 
last assessment roll of the town ; and if the same was not sepa- 
rately valued in such roll, then it shall be valued in proportion to 



CONSOLIDATED SCHOOL LAW 6l 

TITLE 7 

the valuation which was affixed in the said assessment roll to the 
whole tract of which such lot or piece shall be part. 

§72 If any tax on real estate placed upon the tax Hst and <i^ly unpaS taxes 
delivered to the collector, or the taxes upon nonresident stock- ^y 'collector 
holders in banking associations organized under the laws of Con- 
gress, shall be unpaid at the time the collector is required by law to 
return his warrant, he shall deliver to the trustees of the district 
an account of the taxes remaining due, containing a description of 
the lands upon which such taxes were unpaid as the same were 
placed upon the tax list, together with the amount of the tax so 
assessed, and upon making oath before any justice of the peace or 
judge of court of record, notary public or any other officer author- 
ized to administer oaths, that the taxes mentioned in any such 
account remain unpaid, and that, after diligent efforts, he has been 
unable to collect the same, he shall be credited by said trustees 
with the amount thereof. 

§73 Upon receiving any such account from the collector, the Certification 

.,, .., ,. 1.-, n 1 ^^^ transmis- 

trustees shall compare it with the original tax list, and, it they tin d sion thereof 
it to be a true transcript, they shall add to such account their cer- treasurer 
tificate, to the effect that they have compared it with the original 
tax list and found it to be correct, and shall immediately transmit 
the account, affidavit and certificate to the treasurer of the county. 

^§74 Out of any moneys in the county treasury, raised for con- Amount of 

, . , r , 1 r • 1 ,-1 unpaid taxes 

tmgent expenses, or for the purpose of paying the amount of the to be paid 
taxes so returned unpaid, the treasurer shall pay to the collector 
the amount of the taxes so returned as unpaid, with one per centum 
of the amount in addition thereto, for the compensation of such 
collector, and if there are no moneys in the treasury applicable to 
such purpose, the board of supervisors, at the time of levying said 
unpaid taxes, as provided in the next section, shall pay to the 
collector of the school district the amount thereof, with said addi- 
tion thereto, by voucher or draft on the county treasurer, in the 
same manner as other county charges are paid, and the collector 
shall be again charged therewith by the trustees. 

§75 Such account, affidavit and certificate shall be laid by the Collection of 
county treasurer before the board of supervisors of the county, 
who shall cause the amount of such unpaid taxes, with 7 per cent 
of the amount in addition thereto, to be levied upon the lands upon 
which the same were imposed; and if imposed upon the lands of 
any incorporated coiripany, then upon such company; and when 
collected the same shall be returned to the county treasurer to 



'As amended by section 4, chapter 512, laws of 1897. 



62 



NEW YORK STATE EDUCATION DEPARTMENT 



Payment 
before levy 
of tax 



Proceedin;? for 
collection of 
unpaid taxes 



Warrant for 
collection of 
tax 



Delivery 
collector 



reimburse the amount so advanced, with the expenses of collection ; 
and if imposed upon the stock of a nonresident stockholder in a 
banking association organized under the laws of Congress, then 
the same, with 7 per cent of the amount in addition thereto, shall 
be a lien upon any dividends thereafter declared upon such stock, 
and, upon notice by the board of supervisors to the president and 
directors of such bank of such charge upon such stock, the presi- 
dent and directors shall thereafter withhold the amount ^o stated 
from any future dividends upon such stock, and shall pay the same 
to the collector of the town duly authorized to receive the same. 

^§76 Any person whose lands are included in any such account 
may pay the tax assessed thereon, with 5 per centum added thereto^ 
to the county treasurer, at any time before the board of super- 
visors shall have directed the same to be levied. 

§77 The same proceedings in all respects shall be had for the 
collection of the amount so directed to be raised by the board of 
supervisors as are provided by law in relation to the county taxes', 
and, upon a similar account, as in the case of county taxes of the 
arrears thereof uncollected, being transmitted by the county treas- 
urer to the Comptroller, the same shall be paid on his warrant to 
the treasurer of the county advancing the same; and the amount 
so assumed by the state shall be collected for its benefit, in the 
manner prescribed by law in respect to the arrears of county taxes 
upon land of nonresidents ; or if any part of the amount so assumed 
consisted of a tax upon any incorporated company, the same pro- 
ceedings may also be had for the collection thereof as provided by 
law in respect to the county taxes assessed upon such company. 

§78 The warrant for the collection of a district tax shall be under 
the hands of the trustees, or a majority of them, with or without 
their seals; and it shall have the like force and effect as a warrant 
issued by a board of supervisors to a collector of taxes in the town ; 
and the collector to whom it may be delivered for collection shall 
be thereby authorized and required to collect from every person in 
such tax list named the sum set opposite to his name, or the amount 
due from any person or persons specified therein, in the same man- 
ner that collectors are authorized to collect town and county taxes. 

§79 A warrant for the collection of a tax voted by the district 
shall not be delivered to the collector until the 31st day after the 
tax was voted. A warrant for the collection of any tax not so 
voted may be delivered to the collector w^henever the same is com- 
pleted. 



lAs amended by section 2, chapter 769, laws of 1895. 



CONSOLIDATED SCHOOL f.AW 63 

TITLE 7 

§80 Within such time, not less than ic days, as the trustees Collector's 
shall allow him for the purpose, the collector, before receiving the 
first warrant for the collection of money, shall execute a bond to 
the trustees, with one or more sureties, to be approved by a majority 
of the trustees, in such amount as the district meetmg shall have 
fixed, or if such meeting shall not have fixed the amount, then in 
such amount as the trustees shall deem reasonable, conditioned for 
the due and faithful execution of the duties of his office. The Approval and 
trustees, upon receiving said bond, shall, if they approve thereof, 
indorse their approval thereon, and forthwith deliver the same to 
the town clerk of the town, in which said collector resides, and said 
clerk shall file the same in his office, and enter in a book to be kept 
bv him for that purpose, a memorandum, showing the date of said 
bond, the names of the parties and sureties thereto, the amount of 
the penalty thereof, and the date and time of filing the same, and 
said town clerk is authorized to receive as a fee for such filing and 
memorandum the s\im of 25* cents, which sum is hereby made a 
charge against the school district interested in said bond; and in Disbursement 

1 , ., . . - . , . , , of state school 

case the trustees of any school district, other than those withm moneys 
the limits of any city or incorporated village, shall deem it for the 
best interests of the district or the public to have the collector of 
such district disburse to teachers the money apportioned by the 
state for teachers wages, they shall so direct, b}^ resolution to be 
entered upon the minutes of their proceedings, and thereupon the 
said collector, before receiving any such money for such purpose, Collectors 
shall execute a bond to the trustees, with two or more sureties, in trirstees 
double the amount of the last apportionment, with like condition 
of sureties, approval 01 trustees, and amount and like directions 
as to filing as are required above for a bond for the collection of 
taxes, and conditioned also for the due and faithful execution of 
the duties of his office as such disbursing agent. In districts in Disburse- 
which a treasurer shall be elected as hereinbefore provided in this SoSeys in dis- 
title, the collector shall not receive or disburse any of the money trealurer^'"''' 
apportioned by the state for teachers wages, but the same shall 
be paid by the supervisor to such treasurer as hereinbefore pro- 
vided. 

1 2§8i The collector, on the receipt of a warrant for the collection Notice of 
of taxes, shall give notice to the taxpayers of the district by publicly '''""''^''''^ ^^""^^ 
posting written or printed, or partly written and partly printed 
notices in at least three public places in such district, one of which 



^As amended by section i, chapter 5 75,4aws of 1896 
*A3 amended by section i, chapter 440, laws of 1899. 



64 



NEW YORK STATE EDUCATION DEPARTMENT 



Title 7 



Notice to rail- 
road com- 
I)anies and 
nonresident 
taxpayers 



shall be on the outside of the front door of the schoolhouse, stating 
that he has received such warrant and will receive all such taxes as 
may be voluntarily paid to him within 30 days from the time of 
posting said notice. Such collector shall also give a like notice 
either personally or by mail, at least 20 days previous to the expira- 
tion of the 30 days aforesaid, to the ticket agent at the nearest 
station of any railroad corporation, or the president, secretary, 
general or division superintendent or manager of any canal or 
pipe lines assessed for taxes upon the tax list delivered to him with 
the aforesaid warrant, and where the amount of the tax is $1 or 
more the collector shall also give a like notice to all nonresident 
taxpayers on said list whose residence or postoffice address may be 
known to such collector, or which may be ascertained by him upon 
inquiry of the trustees. and clerk of his district, and no school col- 
lector shall be entitled to recover from any railroad corporation, 
canal company or pipe line or nonresident taxpayer more than i 
per cent fees on the taxes assessed against such corporation or 
nonresident, unless such notice shall have been given as aforesaid; 
and in case the whole amount of taxes shall not be so paid in the 
collector shall forthwith proceed to collect the same. He shall 
receive for his services, on all sums paid in as aforesaid, i per 
cent, and upon all sums collected by him, after the expiration 
of the time mentioned, 5 per cent, except as hereinbefore provi- 
ded ; and in case a levy and sale shall be necessarily made by such 
collector, he shall be entitled to traveling fees, at the rate of 10 
cents per mile, to be computed from the schoolhouse in such district. 

§82 Any collector to whom any tax list .and warrant may be de- 
livered for collection may execute the same in any other district 
or town in the same county, or in any other county where the dis- 
trict is a joint district and composed of territory from adjoining 
counties, in the same manner and with the like authority as in the 
district in which the trustees issuing the said warrant may reside, 
and for the benefit of which said tax is intended to be collected; 
and the bail or sureties of any collector, given for the faithful per- 
formance of his official duties, are hereby declared and made liable 
for any moneys received or collected on any such tax list and war- 
rant. 

§83 If the sum or sums of money, payable by any person or per- 
sons named in such tax list, shall not be paid by him or them or 
collected by such warrant within the time therein limited, it shall 
and may be lawful for the trustees to renew such warrant in respect 
to such delinquent person or persons ; and whenever more than one 



CONSOLIDATED SCHOOL LAW 65 

TITLE 7 

renewal of a warrant for the collection of any tax list may become 
necessary in any district, the trustees may make such further re- 
newal or renewals, with the written approval of the supervisor of 
any town in which a schoolhouse of said district shall be located, 
to be indorsed upon such warrant. 

§84 Whenever the trustees of any school district shall discover ^"^endment 

" ^ J or correction 

any error in a tax list made out by them, they may, with the ap-"^ ^^^ ^i^^s 
proval and consent of the Superintendent of Public Instruction, 
after refunding any amount that may have been improperly col- 
lected on such tax list, if the same shall be required by him, amend 
and correct such tax list, as directed by the Superintendent, in con- 
formity to law. 

§85 Whenever any sum or sums of money payable by any per- Sxiits for 
son or persons named in such tax list shall not be paid by such taxes 
person or persons, or collected by such warrant within the time 
therein limited, or the time limited by any renewal of such warrant; 
or in case the property assessed be real estate belonging to an in- 
corporated company, and no goods or chattels can be found whereon 
to levy the tax, the trustee or trustees may sue for and recover the 
same in their name of office. 

§86 The collector shall keep in his possession all moneys received Custody of 
or collected by him by virtue of any warrant, or received by him 
from the county treasurer or board of supervisors for taxes re- 
turned as unpaid, or moneys apportioned by the state or raised 
by direct taxation for teachers wages or library, to be by him paid 
out upon the written order of a majority of the trustees; said col- 
lector, when a treasurer shall have been elected in his district, shall 
pay over the moneys collected by him by virtue of his warrant, ^j^^'"^"^ "^^^ 

*■ •' ' . 01 monej's to 

to said treasurer as hereinbefore provided in this title ; and he shall treasurer 

report in writing, at the annual meeting, all his collections, receipts j^ 

and disbursements, and shall report to the supervisor on or before receipts and 

^ ^ disbursements 

the first Tuesday in March in each year the amounts of school 
moneys in his hands not paid out on trustees orders, and shall pay " 
over to his successor in office, when he has duly qualified and given Payment over 
bail, all money <^ in his hands belonging to the district. sucT^ssor ^" 

§87 If by the neglect of any collector any moneys shall be .lost Collector to 
to any school district, which might have been collected within the "^^ ^ "^ 
time limited in the warrant delivered to him for their collection, 
he shall forfeit to such district the amount of the moneys thus lost, 
and shall account for and pay over the same to the trustees of such 
district, in the same manner as if they had been collected. 



66 



NEW YORK STATE EDUCATION DEPARTMENT 



TITLE 8 

Recovery of 
money on 
collectors 
bond etc. 



Delivery and 
hlmg ot tax 
list and 
warrant 



§88 For the recovery of all such forfeitures, and of all balances 
in the hands of the collector, which he shall have neglected or re- 
fused to pay to his successor, or to the treasurer of such district, 
the trustees, in their name of office, shall have their remedy upon 
the official bond of the collector, or any action and any remedy 
given by law; and they shall apply all such moneys, when recovered, 
in the same manner as if paid without suit. 

§89 Within 15 days after any tax list and warrant shall have 
been returned by a collector to the trustees of any school district, 
the trustees shall deliver the same to the town clerk of the town 
in which the collector resides, and said town clerk shall file the 
same in his office. 



Call for a 
special meet- 
ing to form 
district 



Notice of 
meeting 



Superintend- 
ent may order 
meeting 

Qualifications 
of voters 



Notices, how 
j^'iven in vil- 
lage districts 



TITLE VIII 
Union free schools, how established, who are voters at meetings and their 
powers; election and terms of office of members of board of education, 
and powers of such board 

ARTICLE I 

Of the proceedings for the establishment of union free schools, powers 
of voters at meetings; classification of terms of 'office and election 
of members of boards of education; certified copies of proceedings 
of meetings to be filed; board of education to elect a president and 
appoint a treasurer and collector 

^§1 Whenever 15 persons entitled to vote at any meeting of the 
inhabitants of any school district in the state, sign a request for a 
meeting, to be held for the purpose of determining whether a union 
free school shall be established therein in conformity with the pro- 
visions of this title, it shall be the duty of the trustees of such dis- 
trict, within 10 days after such request shall have been presented 
to them, to give public notice that a meeting of the inhabitants of 
such district, entitled to vote thereat, will be held for such purpose 
as aforesaid, at the schoolhouse, or other more suitable place, in 
such district, on a day and at an hour in such notice to be speci- 
fied, not less than 20 nor more than 30 days after the publication 
of such notice. If the trustees shall refuse to give such notice, or 
shall neglect to give the same for 20 days, the Superintendent of 
Public Instruction may authorize and direct any inhabitant of said 
district to give the same. The qualifications of the inhabitants, 
entitled to vote at such meeting, shall be sufficiently set forth in 
the notice aforesaid. 

§2 Whenever such district shall correspond wholly or in part 
with an incorporated village, in which there shall be published a 



'A^ amended by section 9, chapter 264, laws of 1896, 



CONSOLIDATED SCHOOL LAW 67 

TITLE 8 

daily or weekly newspaper, the notice aforesaid shall be given by 
posting at least five copies thereof, severally, in various conspicu- 
ous places in said district, at least 20 days prior to such meeting, 
and by causing the same to be published once a week for three 
consecutive weeks before such meeting, in all the newspapers pub- 
lished in said district. In other districts the said notice shall be in other 
given by posting the same as aforesaid, and in addition thereto^ 
the trustees of such district shall authorize and require any tax- 
able inhabitant of the same, to notify every other inhabitant (quali- 
fied to vote as aforesaid), of such meeting, to be called as aforesaid 
who shall give such notification by reading said notice in his or her 
hearing, or in case of his or her absence from home, by leaving a^ 
copy thereof, or so much thereof as relates to the time, place and 
object of the meeting, at the place of his or her abode at least 20 
days prior to the time of such meeting ; but the proceedings of any Legality of 
meeting held pursuant to sections i and 2 of this title, shall not be 
held illegal for want of a due notice to all the persons qualified to vote 
thereat; unless it shall appear that the omission to give such no- 
tice was wilful and fraudulent. 

^§3 The reasonable expense of such notices, and of their publica- Expense of 
t ion and service, shall be chargeable upon the district, in case a publication 
union free school is established by the meeting so convened, to be 
levied and collected by the trustees, as in case of taxes now levied 
for school purposes; but in the event that such union free school 
shall not be established, then the said expense shall be chargeable 
upon the .inhabitants signing the request jointly and severally, to 
be sued for, if necessary, in any court having jurisdiction of the 
same. 

2§4 Whenever ic persons, entitled as aforesaid, from each of two Meeting of 

^ ..... . 1 11 • • r two or more 

or more adjommg districts, shall unite m a request for a meeting districts 
of the inhabitants of such districts, to determine whether such dis- 
tricts shall be consolidated by the establishment of a union free 
school therefor and therein, it shall be the duty of the trustees of 
such districts, or a majority of them, to give like public notice of Notice thereof 
such meeting, at some convenient place within such districts and 
as central as may be, within the time, and to be published and 
served in t-he manner set forth in the first and second sections of 
this title, in each of such districts. The reasonable expenses of pre- Expenses 
paring, publishing and serving such notices shall be chargeable upon 
the union free school district, and be collected by tax, if a union 



'As amended by section lo, chapter 264, law^of i8q6. 
'As amended by section 11, chapter 264, laws (jf i8q6. 



68 



NEW YORK STATE EDUCATION DEPARTMENT 



TITLE 8 



Superintend- 
ent may order 
meeting 



Proceedings 
of meetings 
to form union 
free school 
district 



Election of 
trustees 



Terms of 
trustees 



Board of 
education 



free school shall be established pursuant to such request, but otner 
wise the signers of the request shall be jointly and severally liable 
for such expense. The Superintendent of Public Instruction may 
order such meeting under the conditions and in the manner pre- 
scribed in the first section of this title. 

^§5 Any such meeting held pursuant to the foregoing provisions 
shall be organized by the election of a chairman and secretary, and 
may be adjourned from time to time, by a majority vote, provided 
that such adjournment shall not be for a longer period than lo 
days ; and whenever at any such meeting duly called and held under 
the provisions of sections i and 2 of this title at least 15 qualified 
voters of the district shall be present, or at such meeting duly 
called and held under the provisions of section 4 of this title, at 
least 15 qualified voters of each of the two or more adjoining dis- 
tricts joining in the request, shall be present, such meeting may. 
by the affirmative vote of a majority present and voting, adopt a 
resolution to establish a union free school in said district, or to con- 
solidate the two or more adjoining districts by establishing a union 
free school in said districts pursuant to the notice of said meeting. 
If said meeting shall determine to establish a union free school in 
said district or districts as aforesaid, it shall be lawful for such 
meeting thereafter to proceed to the election by ballot, of not less 
than three nor more than nine trustees, who shall, by the order of 
such meeting, be divided into three several classes, the first to hold 
until one, the second until two, and the third until three years from 
the first Tuesday of iVugust next following, except as in the next 
section provided. Thereafter there shall be elected in all union 
free school districts whose limits do not correspond with those of 
an incorporated village or city, at the annual meeting of said dis- 
tricts, trustees of said districts, to supply the places of those whose 
term of office, by the classification aforesaid, are about to expire. 
The trustees, so as aforesaid elected, shall enter at once upon their 
offices, and the office of any existing trustee or trustees in such dis- 
trict or districts, before the establishment of a union free school 
therein, shall cease, except for the purposes stated in section 12 of 
title 6 of this act. Neither a school commissioner nor a supervisor 
is eligible to be a member of any board of education, and the ac- 
ceptance of either of said offices by a member of said board vacates 
his office as such member. The said trustees and their successors 
in office shall constitute the board of education of and for the union 
free school district for which they are elected, and the designation 



lAs amended by section 12, chapter 264, laws of 189 0. 



CONSOLIDATED SCHOOL LAW 69 

TITLE 8 

of such district as union free school district number .... of the town Designation 

of shall be made by the school commissioner having 

jurisdiction of the district ; and the said board shall have the name 
and style of the board of education of (adding the designation afore- 
said) ; copies of said request, notice of meeting, order of the Super- 
intendent directing some inhabitant to call said meeting, if any, P^^^^^^jP^I^ 
and minutes of said meeting or meetings duly certified by the chair- ^"^ deposited 
man and secretary thereof, shall be by them, or either of them, 
transmitted and deposited, one to and with the town clerk, one to 
and with the school commissioner in whose jurisdiction said dis- 
tricts are located, and one to and with the Superintedent of Public ^egldv^i action 
Instruction ; but when at any such meeting, the question as to the 
establishment of a union free school shall not be decided in the 
affirmative, as aforesaid, then all further proceedings at such meet- 
ing, except a motion to reconsider or adjourn, shall be dispensed 
with, and no such meeting shall be again called within one year ^/^^j^^^'Jf^^^ 
thereafter. And when any such meeting shall have established restricted 
a union free school in said district or districts, such union free 
school district shall not be dissolved within the period of one year 
from the first Tuesday of August next after such meeting. 

^§6 Whenever said board of education shall be constituted for Trustees of 

1.. ,.. , i'- 1-11 r districts same 

any district or districts whose limits correspond with those of any as city or 

1-11 -1 village, terms 

incorporated village or city, the trustees so elected shall, by the of 
order of such meeting, be divided into three several classes: The 
first class to serve until one; the second, until two; and the third, 
until three years after the day of the next charter election in such 
village or city, and their regular term of service shall be computed 
from the several days of such charter elections. And thereafter, Annual 
there sjiall be annually elected in such village and cities, at the 
charter elections, by separate ballot, to be endorsed "school trus- 
tee," in the same manner as the charter officers thereof, trustees 
of the said union free schools, to supply the places of those whose 
terms by the classification aforesaid are about to expire. 

I The number of members of the board of education of a union Number of 

- . 1 • • members mav 

tree school district whose hmits correspond with an incorporated be increased 

. ^ or decreased 

Village or city, may be increased to not more than nine or de- 
creased to not less than three in the following manner: The board 
of education of such union free school district, shall, upon the ap- 
plication of at least 15 resident taxpayers of such district, submit 
to a special meeting, held at least 30 days prior to the annual char- 
ter election, in such village or city a proposition for the increase 

'Amended by chapter 489, laws of 1903. 



70 



NEW YORK STATE EDUCATION DEPARTMENT 



TITLE 8 

or decrease of the number of members of the board of education 
to a number specified in the proposition. Such special meeting 
shall be called and held in the manner prescribed by this act. If 
such proposition is adopted and it is determined thereby to in- 
crease the number of members of the board of education of such 
district, there shall be elected at the next ensuing annual village 
or city election, a sufficient number of members of the board of 
education so that the total number of members of the board 
will be the number specified in such proposition. Such addi- 
tional members shall be elected for such terms so that as nearly 
as possible the terms of one third of the members of such board 
will expire annually. Successors to such additional members shall 
be elected in like manner. If such proposition is adopted and it 
is determined thereby to decrease the number of the board of edu- 
cation in such district, no members of the board of education of 
such district shall thereafter be elected until by expiration of term 
the number of members of the board of education will be less than 
the number specified in such proposition ; and thereafter the num- 
ber of members of the board of education of such district shall be 
the number specified in such proposition. Not more than one 
proposition under this section shall be submitted in any calendar 
year. 

^§7 The said boards of education are hereby severally created 
bodies corporate, and each shall, at its first meeting, and at each 
annual meeting thereafter, elect one of their members president. 
In every union free school district other than those whose limits 
correspond with those of an incorporate city or village the board 
of education shall have power to appoint one of their number, or 

aid^distHct^^*^ ^ qualified voter in said district, and a person other than a trus- 
tee, or a teacher employed in said district, as clerk of the board of 
education of such district. Such clerk shall also act as clerk of 
said district, and shall perform all the clerical and other duties 
pertaining to his office, and for his services he shall be entitled 
to receive such compensation as shall be fixed at an annual meet- 
ing of the qualified voters of such district. In case no provision 
is made at an annual meeting of the inhabitants for the compen- 
sation of a clerk, then and in that case the board of education 

LTiector^""^ shall have power to fix the same. Said board of education shall 
also have power to appoint one of the taxable inhabitants of their 
district treasurer, and fix his compensation, and another collector 
of the moneys to be raised within the same for school purposes, 



Board, a cor 
po ration 



President 



appointment 
of, etc. 



'As amended by section i, chapter 466. laws of 1897. 



CONSOLTDATFD SCHOOL I>AW 7I 

TITLE 8 

who shall severally hold such appointments during the pleasure 

of the board. Such treasurer and collector shall each, and within P'^"'^'^ "f 

' treasurers 

10 days after notice in writing of his appointment, duly served »"d ^Q^^^ctors 
upon him, and before entering upon the duties of his office, exe- 
cute and deliver to the said board of education a bond, with such 
sufficient penalties and sureties as the board may require, con- 
ditioned for the faithful discharge of the duties of his office, and 
in case such bond shall not be given within the time specified, Vacancies 
such office shall thereby become vacant, and said board shall 
thereupon, by appointment, supply such vacancy. And said 
board of education shall also have power to supply, by appoint- 
ment, any vacancy in the office of such clerk, occasioned by death, 
resignation, removal from the district or otherwise. 

ARTICLE 2 

Of the qualifications of voters in union free school districts, and of 
meetings of such voters and their powers 
^§8 Every person of full age, residing in any union free school Qualifications 
district, and who has resided therein for a period of 30 days next 
preceding any annual or special meeting held therein, and a 
citizen of the United States, who owns, or hires, oris in the possession 
under a contract of purchase, of real property in such school dis- 
trict liable to taxation for school purposes; and every such resi- 
dent of such district who is a citizen of the United States of 2 1 years 
of age, and is the parent of a child or children of school age, some 
one or more of whom shall have attended the district school in 
said district for a period of at least eight weeks within one year 
preceding such school meeting; and every such person not being 
the parent, who shall have permanently residing with him or her 
a child or children of school age, some one or more of whom shall 
have attended the district school in said district for a period of at 
least eight weeks within one year preceding such school meeting; 
and every such resident and citizen as aforesaid, who owns any 
personal property assessed on the last preceding assessment roll 
of the town, exceeding $50 in value exclusive of such as is exempt 
from execution, and no other, shall be entitled to vote at any 
school meeting held in said district, under and pursuant to the 
provisions of this title. No person shall be deemed to be ineligible 
to vote at any such school district meeting by reason of sex, who 
has one or more of the qualifications required by this section. No Eligibility 
person shall be eligible to hold -any school district office in any 
union free school district unless he or she is a qualified voter in 

'As amended by section 14, cnapter 264. laws of 1896. 



*]2, .NEW YORK STATE EDUCATION DEPARTMENT 

TITLE 8 

such district, and is able to read and write. Not more than one 
member of a family shall be a member of the same board of edu- 
cation in any school district. 
\orlctol\^ §9 The corporate authorities of any incorporated village or city, 

purposes by \^^ which any such union free school shall be established, shall 

village and city -' ' 

authorities havc powcr, and it shall be their duty, to raise, from time to time, 
by tax, to be levied upon all the real and personal property in said 
city or village, as by law provided for the defraying of the expenses 
of its municipal government, such sum or sums as the board of 
education established therein shall declare necessary for teachers 
wages and the ordinary contingent expenses of supporting the 
schools of said district. The sums so declared necessary shall be 

Statements set forth in a detailed statement in writing, addressed to the cor- 

ot anticipated ° ' 

expenditures poratc authoritics by the board of education, giving the various 
purposes of anticipated expenditure, and the amount necessary 
for each ; and the said corporate authorities shall have no power 

Sums not to be to withhold the sums so declared to be necessary ; and such cor- 
porate authorities as aforesaid shall have power, and it shall be 

Sditilfnai their duty to raise, from time to time, by tax as aforesaid, any 

moneys such further sum or smns to be set forth in a detailed statement 

in writing, addressed to the corporate authorities by the board of 
education, giving the various purposes of the proposed expendi- 
ture, and the amount necessary for each which may have been or 
which ma}" hereafter be authorized by a majority of the voters 
of such union free school district present and voting at any special 
district meeting duly convened, for making additions, alterations, 
or improvements to or on the sites or structures belonging to 
the district, or for the purchase of other sites or structures, or 
for a change of sites, or for the erection of new buildings, or for 
buying apparatus or fixtures, or for such other purpose relating 

Tax for -^o the support and welfare of the school as they may, by resolu- 

moneys voted ^ ^ j ^ ■> j 

tion, approve; and they may direct the moneys so voted to be 

levied in one sum, or by instalments, but no addition to or change 

of site or purchase of a new site or tax for the purchase of any new 

Notice of site or structure, or for the purchase of an addition to the site of 

required tax ^ 

bu'iMi'i"? an 3^ schoolhouse, or for building any new schoolhouse, or for the 
sites etc. erection of an addition to any schoolhouse already built, shall be 

voted at any such meeting unless a notice by the board of education 
stating that such tax will be proposed, and specifying the amount 
and object thereof shall have been published once in each week 
for the four weeks next preceding such district meeting, in two 
newspapers, if there shall be two, or in one newspaper if there 



CONSOLIDATED SCHOOL LAW 73 

TITLE 8 

shall be but one, published in such district. But if no newspaper 

shall then be published therein, the said notice shall be posted up 

in at least 20 of the most public places in said district 20 days 

before the time of such meeting. No vote to raise money shall Rescinding 

be rescinded, nor the amount thereof be reduced at any subse- duction of 

quent meeting, unless the same be done within 10 days after the 

same shall have been first voted. For the purpose of giving effect Power to 

. . - . . ^ , ^ borrow monc,- 

to these provisions, the corporate authorities are hereby author- 
ized, whenever a tax shall have been voted to be collected in instal- 
ments for the purpose of building a new schoolhouse, or building 
an addition to a schoolhouse, or making additions, alterations or 
improvements to buildings or structures belonging to the district, 
or for the purchase of a new site, or for an addition to a site, to 
borrow so much of the sum voted as may be necessary, at a rate 
of interest not exceeding 6 per cent, and to issue bonds or other issue of 
evidences of indebtedness therefor, which shall be a charge upon certificates 
the district, and be paid at maturity, and which shall not be sold 
below par. Said bonds or other evidences of indebtedness shall 
be prepared by the board of education, signed by the president 
and secretary thereof, and delivered to the treasurer of the incor- 
porated village or city, who shall countersign the same, and give 
due notice of the time and place of the sale of such bonds, at least Notice of sale 
10 days prior thereto, by publication twice in two newspapers, if 
there shall be two, or in one newspaper, if there shall be but one, 
published in such district. But if no newspaper shall then be pub- 
lished therein, the said notice shall be posted up in at least 10 of 
the most public places in said district 10 days before the day of 
sale. The proceeds of the sale of said bonds shall be paid into thepr.Keeds 
treasury of said incorporated village or city, to the credit of the"^'^'^^'^ 
board of education of such district. 

^§10 A majority of the voters of any union free school district Powers of 
other than those whose limits correspond with an incorporated Special ^"et 
city or village, present at any annual or special district meeting, 
duly convened, may authorize such acts and vote such taxes as 
they shall deem expedient for making additions, alterations or 
improvements to or in the sites or structures belonging to the dis- 
trict, or for the purchase of other sites or structures, or for a change 
of sites, or for the erection of new buildings, or for buying appara- 
tus, or fixtures, or for paying the wages of teachers and the neces- 
sary expenses of the school, or for such other purpose relating to 
the support and welfare of the school as they may, by resolution, 

'As amended by section 15, chapter 264, laws of 1896, 



mgs to vote 
taxes 



74 



NEW YORK STATE EDUCATION DEPARTMENT 



TITLE 8 

Designation 
of sites 



Vote on ex- 
penditure of 
money or tax 



Tax for 
sums voted 



Notice of 
proposed tax 
for school 
buildings, 
sites etc. 



Collection of u 
tax 



Rescinding 
vote, or 
reduction of 
amount voted 



Power to 
borrow monev 



approve; the designation of a site or sites by the district meeting 
shall be by written resolution containing a description thereof by 
metes and bounds, and such resolution must receive the assent of 
a majority of the qualified voters present and voting at said meeting, 
to be ascertained by taking and recording the ayes and noes. On 
all propositions arising at said meetings involving the expenditure 
of money, or authorizing the levy of a tax or taxes in one sum or 
by instalments, the vote thereon shall be by ballot, or ascertained 
by taking and recording the ayes and noes of such qualified voters 
attending and voting at such meetings; and they may direct the 
moneys so voted to be levied in one sum, or by instalments, but 
no addition to or change of site or purchase of a new site or tax for 
the purchase of any new site or structure, or for the purchase of an 
addition to the site of any schoolhouse, or for building any new 
schoolhouse, or for the erection of an addition to any schoolhouse 
already built, shall be voted at any such meeting unless a notice 
by the board of education stating that such tax will be proposed, 
and specifying the amount and object thereof, shall have been 
published once in each week for the four weeks next preceding such 
district meeting, in two newspapers if there shall be two, or in one 
newspaper if there shall be but one, published in such district. 
But if no newspaper shall then be published therein, the said notice 
shall be posted in at least 20 of the most public places in said dis- 
trict 20 days before the time of such meeting. And whenever a 
tax for any of the objects hereinbefore specified shall be legally 
voted the boards of education shall make out their tax list, and 
attach their warrant thereto, in the manner provided in article 7 
of title 7 of this act, for the collection of school district taxes, and 
shall cause such taxes or such instalments to be collected at such 
times as they shall become due. No vote to raise money shall be 
rescinded, nor the amount thereof be reduced at any subsequent 
meeting, unless it be an adjourned meeting or a meeting called by 
regular and legal notice, which shall specify the proposed action, 
and at which the vote upon said proposed reduction or rescinding 
shall be taken by ballot or by taking and recording the ayes and 
noes of the qualified voters attending and voting thereat. For 
the purpose of giving effect to these provisions, trustees or boards 
of education are hereby authorized, whenever a tax shall have been 
voted to be collected in instalments for the purpose of building a 
new schoolhouse or building an addition to a schoolhouse, or making 
additions, alterations or improvements to buildings or structures 
belonging to the district, or for the purchase of a new site or for 



CONSOLIDATED SCHOOL LAW 75 

TITLE 8 

an addition to a site, to borrow so much of the sum voted as may 
be necessary at a rate of interest not exceeding 6 per centum, and 
to issue bonds or other evidences of indebtedness therefor, which issue and sale 
shall be a charge upon the district, and be paid at maturity, and°^^°"^^ 
which shall not be sold below par ; due notice of the time and place 
of the sale of such bonds shall be given by the board of education 
at least lo days prior thereto by publication twice in two news- 
papers, if there be two, or in one newspaper if there be but one 
published in such district. But if no newspaper shall then be pub- 
lished therein, the said notice shall be posted in at least lo of the 
most public places in said district lo days before the sale. It shall 
be the duty of the trustees or the persons having charge of the 
issue or payment of such indebtedness, to transmit a statement » 

thereof to the clerk of the board of supervisors of the county in 
which such indebtedness is created, annually, on or before the 
first day of November. 

§11 All moneys required to pay teachers wages in a union free Tax for 
school or in the academical department thereof, after the due wagJs^'^'' 
application of the school moneys thereto, shall be raised by tax. 

§12 Every union free school district shall, for all the purposes 
of the apportionment and distribution of school moneys, be re- 
garded and recognized as a school district. 

ARTICLE 3 

Of annual and special meetings, and of election of members of hoards 
of education and clerks in districts where the number of children 
exceeds 300. 

§13 I In union free school districts other than those whose Annual and 
limits correspond with those of any incorporated village or city.f^gs'fn unTon 
the annual school meeting shall be held on the first Tuesday of d?stricts°°^ 
August. The boards of education shall have power to call special 
meeting of the inhabitants of their respective districts whenever 
they shall deem it necessary and proper, in the manner prescribed 
in section 10 of this title, and shall in like manner give notice of 
the time and place of holding the annual school district meeting. 
The proceedings of any special meeting shall not be held to be ille- 
gal for want of a due notice to all persons qualified to vote thereat, 
unless it shall appear that the omission to give such notice was wil- 
ful and fraudulent. The annual meeting of the board of educa- Annual 
tion of every such union free school district shall be held on thewd"of°^ 
Tuesday next after the annual school district meeting therein. ?hereln°" 



76 



NEW YORK STATE EDUCATION DEPARTMENT 



TITLE 8 

Annual and 
special meet- 
ings in dis- 
tricts same as 
city or village 



Annual 
meeting of 
board of 
education 
therein 



Tax may be 
voted for free 
textbooks 



Election of 
board and 
clerk in 
districts 
over 300 



Time of hold 
ing election 



2 In union free school districts whose Hmits correspond with 
those of any incorporated village or city, the boards of education 
shall have power to call special meetings of the inhabitants of 
their respective districts for the purposes mentioned in section 9 of 
this title, in the manner prescribed in said section 9. The pro- 
ceedings of any special meeting shall not be held to be illegal for 
want of due notice to all persons qualified to vote thereat imless it 
shall appear that the omission to give such notice was wilful and 
fraudulent. The annual meeting of the board of education of 
every such union free school district shall be held on the Tuesday 
next after the canvass and declaration of the election of the mem- 
bers of said board at the annual charter election of the village or 
city. 

^3 The qualified voters of any union free school district present 
at any annual school meeting therein, for which a notice has been 
duly given that the vote hereinafter mentioned will be taken, or at 
any special school meeting therein, duly and legally called for that 
purpose, shall have power, by a majority vote, to be ascertained by 
taking and recording the ayes and noes, to vote a tax for the pur- 
chase of all textbooks used, or to be used, in the schools of the dis- 
trict. If such tax shall be voted it shall be the duty of the board 
of education of such district, within 90 days thereafter, to pur- 
chase and furnish free textbooks to all the pupils attending the 
schools in such district. Such board of education shall have 
power to establish such rules and regulations concerning the use 
by the pupils of such textbooks, and the care, preservation and 
custody thereof as it shall deem necessary. 

^§14 In union free schools districts other than those whose limits 
correspond with those of an incorporated village or city, in which 
the number of children of school age exceeds 300, as shown by the 
last annual report of the board of education to the school commis- 
sioner, the quaUfied voters of any such district may by a vote of 
a majority of those present and voting, at any annual meeting, or 
at any duly called special meeting, to be ascertained by taking and 
recording the ayes and noes, determine that the election of the 
members of the board of education shall be held on the Wednesday 
next following the day designated by law for holding the annual 
meeting of said district. Until such determination shall be changed, 
such election shall be held on the Wednesday next following the 
day on which such annual meeting of such district shall be held, 



1 Added by section i, chapter 195, laws of 1897. 
2As amended by section 2, chapter 466, laws of 1897. 



CONSOLIDATED SCHOOL LAW JJ 

TITLE 8 

in each year, between the hours of 12 o'clock noon, and 4 o'clock in 
the afternoon at the principal schoolhouse in the district, or at such 
other suitable place as the trustees may designate. When the Notice oc 
place of holding such election is other than at the principal school- 
house, the trustees shall give notice thereof by the publication of 
such notice, at least one week before the time of holding such elec- 
tion, in some newspaper published in the district, or by posting the 
same in three conspicuous places in the district. The trustees may, Extension of 
by resolution, extend the time of holding the election from 4 o'clock 
'Until sunset. The board of education, or such of them as may be 
present, shall act as inspectors of election. If a majority of such inspectors of 
board shall not be present at the time of opening the polls, those 
members of the board in attendance may appoint any of the legal 
voters of the district present, to act as inspectors in place of the 
absent trustees ; and if none of the board of education shall be pres- 
ent at the time of opening the polls, the legal voters present may 
choose three of their number to act as inspectors. The district Record of 

votes 

clerk, or the clerk of the board of education, as the case may be, 
shall attend at the election and record in a book to be provided 
for that purpose, the name of each elector as he or she deposits 
his or her ballot. If such district clerk, or clerk of the board of 
education shall be absent, or shall be unable or refuse to act, the 
board of education or inspectors of election shall appoint some per- 
son who is a legal voter in the district to act in his place. Anv ^^^^^^^ f"'' 

■^ refusal to 

clerk or acting clerk who shall neglect or refuse to record the name receive names 
of a person whose ballot is received by the inspectors, shall be liable 
to a fine of $25, to be sued for by the supervisor of the town. If Challenges 
any person offering to vote at any such election shall be challenged 
as unqualified by any legal voter, the chairman of the inspectors 
shall require the person so offering to vote to make the following 
declaration: "I do declare and affirm that I am and have been for Declarations 
the 30 days last past an actual resident of this school district, and '''''''^''"" 
that I am legally qualified to vote at this election." And every 
person making such declaration shall be permitted to vote; but if 
any person shall refuse to make such declaration his or her ballot 
shall not be received by the inspectors. Any person who upon Penalty tor 
being so challenged shall wilfully make a false declaration of hisct?^ votmg. 
or her right to vote at such election, is guilty of a misdemeanor. 
Any person who shall vote at such election, not being duly quali- 
fied, shall, though not challenged, forfeit the sum of $10, to be sued 
for by the supervisor of the town for the benefit of the school or 
schools of the district. The^board of education shall, at the ex- Ballot box 



78 



NEW YORK STATE EDUCATION DEPARTMENT 



TITLE 8 

Ballots 



Canvass of 
votes and 
declaration 
of results 



Special 
election 



Terms of offi- 
cers elected 
thereat 



Election dis- 
putes, how 
settled 



L,imitation of 

foregoing 

provisions 



pense of the district, provide a suitable box in which the ballots 
shall h6 deposited as they are received. Such ballots shall contain 
the names of the persons voted for, and shall designate the office 
for which each one is voted. The ballots may be either written 
or printed, or partly written and partly printed. The inspectors 
immediately after the close of the polls shall proceed to canvass 
the votes. They shall first count the ballots to determine if they 
tally with the number of names recorded by the clerk, and if they 
exceed that number, enough ballots shall be withdrawn to make 
them correspond. Such inspectors shall count the votes and an- 
nounce the result. The person or persons having a majority of the 
votes respectively for the several offices shall be elected, and the 
clerk shall record the result of such ballot and election as announced 
by the inspectors. Whenever the time for holding such election 
as aforesaid shall pass without such election being held in any such 
district, a special election shall be called by the board of educa- 
tion, but if no such election be called by said board within 20 days 
after such time shall have passed, the school commissioner or the 
State Superintendent of Public Instruction may order any inhabi- 
tant of said district to give notice of such election in the manner 
prescribed by section 10 of this title; and the officers elected at 
such special election shall hold their respective offices only until 
the next annual election, and until their successors are elected and 
shall have qualified as in this act provided. All disputes concern- 
ing the validity of any such election, or of any votes cast thereat, 
or of any of the acts of the inspectors or clerks, shall be referred to 
the Superintendent of Public Instruction, whose decision in the 
matter shall be final. Such Superintendent may, in his discretion, 
order a new election in any district. The foregoing provisions 
shall not apply to union free school districts in cities, nor to union 
free school districts whose boundaries correspond with those of an 
incorporated village, nor to any school district organized under a 
special act of the Legislature, in which the time, manner and form 
of the election of district officers shall be different from that pre- 
scribed for the election of officers in union free school districts, or- 
ganized under the general law, nor to any of the union free school 
districts in the counties of Richmond, Suffolk, Chenango, Warren, 
Erie and St Lawrence. In Richmond county, whenever any dis- 
trict shall have determined to hold its annual election on Wednes- 
day following the date of its annual school meeting, the same shall 
be held between the hours of 4 o'clock and 9 o'clock in the even- 
ing. 



COXSOLIDATED SCIIOOI. r>AW 79 

TITLE 8 

ARTICLE 4 
Of the powers and duties of boards of education 
§15 The said board of education of every union free school dis-P^'^™"^ 
trict shall severally have power, and it shall be their duty: 

1 To adopt such bylaws and rules for its government as shall ^^^j^^^J'j^^ 
seem proper in the discharge of the duties required under the pro- 
visions of this act. 

2 To establish such rules and regulations concerning the order Rules etc 

for schools 

and disciphne of the school or schools, m the several departments 
thereof, as they may deem necessary to secure the best educational 
results. 

3 To prescribe the course of study by which the pupils of the Course of 
school or schools shall be graded and classified, and to regulate the 
admission of pupils and their transfer from one class or departr lent Admission of . 
to another, as their scholarship shall warrant. ^^"^^' " 

4 To prescribe the textbooks to be used in the schools, and to Textbooks 
compel a uniformity in the use of the same, pursuant to the provis- 
ions of this act, and to furnish the same to pupils out of any moneys 
provided for that purpose. 

5 To make provision for the instruction of pupils in physiology instruction in 
and hygiene with special reference to the effect of alcoholic drinks, etc. 
stimulants and narcotics upon the human system. 

6 To purchase a site or sites, or an addition to a site or sites, School sites. 

'^ scnoolhouses 

for a schoolhouse or schoolhouses for the district, as designated by and apparatus 
a meeting of the district; and to construct such schoolhouse or 
houses, and additions thereto as may be so designated; to pur- 
chase furniture and apparatus for such schoolhouse or houses ; to Repairs 
keep such schoolhouse or houses and the furniture and apparatus 
therein in repair ; to hire any room or rooms in which to maintain Hiring school 
and conduct schools when the rooms in the schoolhouse or houses 
are overcrowded, or when such schoolhouse or houses are destroyed, 
injured or damaged by the elements, and to fit up and furnish such 
room or rooms in a 'suitable manner for conducting a school or 
schools therein ; to insure the schoolhouse or houses and their fur- insurance 
niture, apparatus and appendages, and the school library, in some 
company or companies created by or under the laws of this state, 
and to comply with the conditions of the policy, and raise the sums 
paid for premiums by district tax. No schoolhouse shall be built Approval of 
in any union free school district until the plan for the ventilation and tiiation etc. 
heating and lighting of such schoolhouse shall be approved in writ- 
ing by the school commissioner of the commissioner district in 
which such schoolhouse is to be built. 



8o 



NEW YORK STATE EDUCATION DEPARTMENT 



( TITLE 8 

Custody of 
property 



Title vested 
in board 



Sale of 
property 



Application 
of proceeds 



Exchange of 
real estate 



May take and 
hold real 
estate etc. 



I Control of 
i schools 



Establishment 
of academical 
department 



Nonresident 
pupils 



Fuel, appar- 
atus etc. 



Librarian 



Employment 
of teachers 



7 To take charge and possession of the schoolhouses, sites, lots^ 
furniture, books, apparatus, and all school property within their 
respective districts; and the title of the same shall be vested re- 
spectively in said board of education, and the same shall not be 
subject to taxation for any purpose. 

8 To sell, when thereto authorized by a vote of the qualified 
voters of the school district, any former school site or lot, or any 
real estate the title to which is vested in the board, and the build- 
ings thereon, and appurtenances or any part thereof, at such price 
and upon such terms as said voters shall prescribe, and to convey 
the same by deed to be executed by the board or a majority of the 
members thereof. All moneys arising from any such sale shall be 
used and applied for the benefit of the school district, as the voters 
thereof shall by resolution direct. Also to exchange real estate 
belonging to the district for the purpose of improving or changing 
schoolhouse sites. 

9 To take and hold for the use of the said schools or of any de- 
partment of the same, any real estate transferred to it by gift, 
grant, bequest or devise, or any gift, legacy, or annuity, of what- 
ever kind, given or bequeathed to the said board and apply the 
same, or the interest or proceeds thereof, according to the instruc- 
tions of the donor or testator. 

10 To have, in all respects, the superintendence, management 
and control of said union free schools, and to establish in the same 
an academical department, whenever in their judgment the same 
is warranted by the demand for such instruction ; to receive into 
said union free schools any pupils residing out of said district, and 
to regulate and establish' the tuition fees of such nonresident pupils 
in the several departments of said schools; provided, that if such 
nonresident pupils, their parents or guardians shall be liable to be 
taxed for the support of said schools in the districts, or either of 
them, on account of owning property therein, the amount of any 
such tax paid by a nonresident pupil, his parent or guardian, shall 
be deducted from the charge of tuition; to provide fuel, furniture, 
apparatus and other necessaries for the use of said schools, and to 
appoint such librarians as they may from time to time deem neces- 
sary. 

^11 To contract with and employ such persons as by the provi- 
sions of this act are qualified teachers in the several departments 
of instruction in said school, and at the time of such employment 
shall make and deliver to each teacher, or cause to be made 



'As amended by section i6, chapter 364, laws of 1896. 



CONSOLIDATED SCHOOL LAW 8l 

TITLE 8 

and delivered, a contract in writing, signed by the members of said Contract of 
board, or by som& person duly authorized by said board to repre- 
sent them in the premises, in which the details of the agreement 
between the parties, and particularly the length of the term of em- 
ployment, the amount of compensation and the time or times when \ 
such compensation shall be due and payable shall be clearly and 
definitely set forth. The pay of any teacher employed in the pub- Teachers 
lie schools of this state shall be due and payable at least as often due 
as at the end of each calendar month of the term of employment. 
No person who is related by blood or marriage to any member of Employment 

of r^l&tivGS of 

a board of education shall be employed as a teacher by such board, board 
except upon the consent in writing of two thirds of the members 
thereof, to be entered upon the proceedings of the board. No Removal of 
teacher shall be removed during a term of employment unless for 
neglect of duty, incapacity to teach, immoral conduct, or other 
sufficient cause. Also to pay the wages of such teacher out of the 
moneys appropriated for that purpose. 

1 2 To fill any vacancy which may occur in said board by reason Filling? 
of the death, resignation, removal from office or from the school ^^^^""^^ 
district, or refusal to serve, of any member or ofiQcer of said board; 
and the person so appointed in the place of any such member of . 

the board shall hold his office until the next election of trustees, as ! 

by this act provided. In case of the failure of such board to fill 
such vacancy, and in case no special election is ordered for filling 
the same for a period of 30 days, the same may be filled by the 
school commissioner having jurisdiction. The Superintendent of Superintend- 

T-wi'T • 1 -ii- 111-I- ^"^ may order 

Public Instruction may order a special election to be held m any special election 
district for the purpose of filling such vacancy, and when such 
special election is ordered the vacancy shall not be filled otherwise. 

13 To remove any member of their board for official misconduct. Removal of 
But a written copy of all charges made of such misconduct shall cause 

be served upon him at least 10 days before the time appointed for 
a hearing of the same ; and he shall be allowed a full and fair oppor- 
tunity to refute such charges before removal. 

14 To provide suitable and convenient water-closets or privies f or water-dosets 
each of the schools under their charge, at least two in number, which '"" '^'"^''^^ 
shall be entirely separated each from the other and having separate 

means of access, and the approaches thereto shall be separated by 

a substantial close fence not less than 7 feet in hight ; to keep the ' 

same in a clean and wholesome condition, and a failure to comply 

with the foregoing provisions on the part of said board shall be 

sufficient grounds for removal from office, and foi withholding from 



82 



NEW YORK STATE EDUCATION DEPARTMENT 



Expense 

tliereof 



Stairways on 
outside of 
buildings 



Tax for cost 
thereof 



May borrow 
money in 
anticipation 
of taxes un- 
collected 



General powers 
and duties 



Superintend- 
ent of schools 
in certain 
districts 



Census 



the district any share of the pubUc moneys of the state. Any ex- 
pense incurred by said board in carrying out the foregoing provi- 
sions shall be a charge upon the district; and a tax may be levied 
therefor without a vote of the district. 

15 To cause proper stairways to be constructed and maintained 
on all school buildings under their charge which are more than two 
stories high, on the outside thereof, with suitable doorways fad- 
ing thereto from each story above the first, for use in case of fire. 
The reasonable and proper cost thereof shall, in each case, be a 
legal charge upon the city, village or district, and shall be raised 
by tax as other moneys are raised for school purposes. 

^16 To designate a site or sites, or an addition to a site or sites, 
for a schoolhouse or schoolhouses, in a district containing a popu- 
lation of 5000 or more, without a vote of the qualified voters of 
said district as required in section 10 of this title. 

*i6 To borrow money in anticipation of taxes remaining uncol- 
lected which have been levied by such district for the current fiscal 
year, and not in excess thereof, whenever in the discretion of the 
board of education it shall be necessary to do so for the purpose 
of paying the current expenses of the district for such current fiscal 
year, by issuing a certificate or certificates of indebtedness, in the 
name of the board of education, signed by the president and clerk 
thereof, which certificates must be payable within such current 
fiscal year or within nine months thereafter, and shall bear interest 
at a rate not exceeding 6 per centum per annum. 

§16 The board of education shall possess all the powers and 
privileges, and be subject to all the duties in respect to the com- 
mon schools, or the common school departments in any union free 
school in said districts, which the trustees of common schools 
possess or are subject to under this act, not specially provided for 
in this title, and not inconsistent with the provisions of this title; 
and to enjoy, whenever an academic department shall be by them 
established, all the immunities and privileges now enjoyed by the 
trustees of academies in this state. 

§17 In any incorporated village having a population of 5000 
and upwards, or in any union free school district having a like 
population, which fact shall in either case be determined by the 
State Superintendent of Public Instruction, as provided in section 
5 of title 2 of this act, the board of education in any such village 
or union free school district may appoint a superintendent of 
schools. Such superintendent shall be under the direction of the 

1 Added by chapter 112, laws of 1903. 
"Added by chapter 233, laws of 1903. 



CONSOLIDATED SCHOOL LAW 83 

TITLE 8 

board of education, which shall prescribe his powers and duties. 
He shall be paid a salary from the teachers fund, to be fixed by Salary 
the board of education, and he may be removed from office by a 
vote of the majority of all the members of such board. When- 
ever such superintendent shall be appointed, the said union free 
school district shall be entitled to the benefits of the provisions of 
section 5 of title 2 of this act. 

§18 It shall be the duty of said board to keep an accurate record Record of 
of all its proceedings in books provided for that purpose, which 
books shall be open for public inspection at all reasonable hours. 
It shall be the duty of said board to cause to be published once in publication of 
each year, and 20 days next before the annual meeting of the dis- Jec^pts^nd 
trict, in at least one public newspaper, printed in such district, a ^^p^"'^^^^^®^ 
full and detailed account of all moneys received by the board or 
the treasurer of said district, for its account and. use, and of all 
the money expended therefore, giving the items of expenditure in 
full; should there be no paper published in said district said board 
shall publish such account by notice to the taxpayers, by posting 
copies thereof in five public places in said district. No member i^iterest in 
of said board shall be personally interested in any contract made pr!Jh^Jit|^ 
by said board. It shall be the duty of the board, at the annual 
meeting of the district, besides any other report or statement Report of 
required by law, to present a detailed statement in writing of the ^^^^^^3^*^/^°^ 
amount of money which will be required for the ensuing year for f^g^^^^ ^^^^' 
school purposes, exclusive of the public moneys, specifying the 
several purposes for which it will be required, and the amount for 
each, but nothing in this section contained shall be construed to 
prevent the board from presenting such statement at any special 
meeting called for the purpose, nor from presenting a supple- 
mentary and amended statement or estimate at any time. 

§19 After the presentation of such statement, the question shall voting 
be taken upon voting the necessary taxes to meet the estimated f^^^^-ta^Jg 
expenditures, and when demanded by any voter present, the ques- 
tion shall be taken upon each item separately, and the inhabitants 
may increase the amount of any estimated expenditures or reduce 
the same, except for teachers wages, and the ordinary contingent 
expenses of the school or schools. 

§20 If the inhabitants shall neglect or refuse to vote the sum 3 .^^_^j ^^^^^ 
or sums estimated necessary for teachers wages, after a-Pplying^\vi'tho\t?vote 
thereto the public school moneys, and other moneys received or 
to be received for that purpose, or if they shall neglect or refuse 
to vote the sum or sums estimated necessary for ordinary con- 
tingent expenses, the board of education may levy a tax for the 



84 



NEW YORK STATE EDUCATION DEPARTMENT 



TITLE 8 



Ordinary con- 
tingent 
expenses, 
settlement of 
disputes as to 



Regular 
meetings of 
board 



Visitation of 
schools 



Reports 



Executive 

sessions 



Expenditures 
and contracts 



Application of 
moneys 



Money to be 
paid into city 
or village 
treasury 



Security for 

custody 

thereof 

Payments, 
how made 



same, in like manner as if the same had been voted by the in- 
habitants. 

§2 1 If any question shall arise as to what are ordinary con- 
tingent expenses the same may be referred to the Superintendent 
of Public Instruction, by a statement in writing, signed by one 
or more of each of the opposing parties upon the question, and 
the decision of the Superintendent shall be conclusive. 

§2 2 It shall be the duty of each of the said boards of educa- 
tion, elected pursuant to the provisions of this title, to have a 
regular meeting at least once in each quarter, and at such meetings 
to appoint one or more committees, to visit every school or depart- 
ment under the supervision of said board, and such committees 
shall visit all said schools at least twice in each quarter, and report 
at the next regular meeting of the board on the condition thereof. 
The meetings of all such boards shall be open to the public, but 
said boards may hold executive sessions, at which sessions only 
the members of such boards or the persons invited, shall be present. 

§23 It shall also be the duty of said boards, respectively, to 
have reference in all their expenditures and contracts to the amount 
of moneys which shall be appropriated, or subject to their order 
or drafts, during the current year, and not to exceed that amount. 
And said board shall severally apply all the moneys apportioned 
to the common school districts under their charge, to the depart- 
ments below the academical; and all moneys from the literature 
fund or otherwise, appropriated for the support of the academical 
department, to the latter departments. 

§24 All moneys raised for the use of the union free schools in 
any city or incorporated village, or apportioned to the same from 
the income of the literature, common school or United States 
deposit funds, or otherwise, shall be paid into the treasury of such 
city or village to the credit of the board of education therein ; and 
the funds so received into such treasury shall be kept separate and 
distinct from any other funds received into the said treasury. 
And the officer having the charge thereof shall give such additional 
security for the safe custody thereof as the corporate authorities 
of such city or village shall require. No money shall be drawn 
from such funds, credited to the several boards of education, unless 
in pursuance of a resolution or resolutions of said board, and on 
drafts drawn by the president and countersigned by the secretary 
or clerk, payable to the order of the person or persons entitled to 
receive such moneys, and stating on their face the purpose or ser- 
vice for which such moneys have been authorized to be paid by the 
said board of education. 



CONSOLIDATED SCHOOL LAW 85 

TITLE 8 

§25 All morieys raised for the use of said union free schools, Payments of 
other than those whose limits correspond with those of any cities treasurers* 
and incorporated villages," or apportioned from the income of the"^^*^^^^^ 
literature or common school or United States deposit funds, or 
otherwise shall be paid to the respective treasurers of the said 
several boards of education entitled to receive the same, and be 
by them applied to the uses of said several boards, who shall Annual 

. r 11 accounting 

annually render their accounts of all moneys received and ex- of treasurers 
pended by them for the use of said schools, with every voucher - 
for the same, and certified copies of all orders of the said boards 
touching the same, to the school commissioner of the district in 
which the principal schoolhouse of the district is located. No Moneys, how 

1 r 1 • • drawn out 

money shall be drawn from such funds m possession of such treas- 
urer, unless in pursuance of a resolution or resolutions of said 
board, and on drafts drawn by the president and countersigned 
by the clerk, or secretary, payable to the order of the person or 
persons entitled to receive such money, and stating on their face 
the purpose or service for which said moneys have been authorized 
to be paid by the said board of education. 

§26 Every academic department, established as aforesaid, shall Academic 

. department 

be under the visitation of the Regents of the University, and shall subject to 

, , , . . , Regents 

be subject, m its course of education and matters pertaining thereto 
(but not in reference to the buildings in which the same is con- 
ducted), to all the regulations made in regard to academies by the 
said Regents. In such departments the qualifications for the Qualifications 
entrance of any pupil shall be as high as those established by the o7pu"piis"'^^ 
said Regents for participation in the literature fund of any acad- 
emy of the state under their supervision. 

§27 Whenever a union free school shall be established under Adoption of 
the provisions of this title, and there shall exist within its district academies 
an academy, the board of education, if thereto authorized by a 
vote of the voters of the district, may adopt such academy as the 
academic department of the district, with the consent of the trus- 
tees of the academy, and thereupon the trustees, by a resolution 
to be attested by the signatures of the officers of the board and 
filed in the office of the clerk of the county, shall declare their 
offices vacant, and thereafter the said academy shall be the aca- 
demic department of such union free school. The board of edu- Lease of 

. academies 

cation when thereto authorized by a vote of the qualified voters by board 
of the district may lease said academy and site, and maintain the 
academic department of such union free school therein and thereon. 



86 



NEW YORK STATE EDUCATION DEPARTMENT 



TITLE 8 



Visitation 
and super- 
vision of union 
schools by 
Super- 
intendent 



Annual reports 
of board of 
education 



Special 
reports 



Removal of 
members of 
board 



^§270 The board of education of a union free school district, 
with the approval of the Superintendent of Public Instruction, 
and Regents of the University, may adopt an academy as the 
academic department thereof, and contract for the instruction 
therein of pupils of academic grade, residing in the district. The 
academy thereupon becomes the academic department of such 
union free school, and the district is entitled to the same rights 
and privileges, is subject to the same duties, and the apportion- 
ment and distribution of state school money shall be made to it, 
as if an academic department had been established in such school. 

§28 Every union free school district, in all its departments, 
shall be subject to the visitation of the Superintendent of Public 
Instruction. He is charged with the general supervision of its 
board of education and their management and conduct of all its 
departments of instruction. And every board of education shall 
annually, on the first day of August, in each year, make to the 
commissioner having jurisdiction, and deposit in the town clerk's 
office, a report for the school year ending July 31st preceding, of 
all matters concerning which trustees of a school district are re- 
quired to report, under this act, and concerning all such other 
matters as the Superintendent shall, from time to time, require; 
and shall also whenever thereto required by the Superintendent of 
Public Instruction, report fully to him upon any particular matter; 
and such report shall be in such form, and so authenticated, as 
the Superintendent shall, from time to time, require. 

§29 For cause shown, and after giving notice of the charge 
and opportunity of defense, the Superintendent of Public Instruc- 
tion may remove any member of a board of education. Wilful 
disobedience of any lawful requirement of the Superintendent, or 
a want of due diligence in obeying such requirement or wilful 
violation or neglect of duty is cause for removal. 



Dissolution 
of common 
school dis- 
tricts upon 
consent 



ARTICLE 5 

Of the alteration of union free school districts, the increase or diminu- 
tion of number of members of boards of education, and of dissolu- 
tion of union free school districts 

^§30 Whenever one or more common school districts shall ad- 
join any union free school district whose limits do not correspond 
with those of an incorporated village or city, upon the written 
consent of the trustees of all the districts to be affected, the school 

'Added by chapter 325, laws of 1002. 

''As amended by section i, chapter 540, laws of iStjy, and by section i of chapter 258 of 
the laws of 1005 



CONSOLIDATED SCHOOL LAW 8/ 

TITLE 8 

commissioner having jurisdiction may dissolve such common 
school district or districts and annex the territory of such district of"terrftory 
or districts so dissolved to such union free school district, and the distdct" 
school commissioner having jurisdiction may alter any union free Alteration of 
school district whose limits do not correspond with those of any " 
incorporated village or city, in the manner provided by title 6 of 
this act, but no such district shall be divided, upon which there 
is an outstanding bonded indebtedness. Such school commis- 
sioner on the written consent of the boards of education of the 
districts affected may also dissolve a union free school district 
when it adjoins another union free school district and both of such 
union free school districts are wholly located within the limits of 
a city or an incorporated village and annex the territory of such 
dissolved district to the remaining union free school district. The 
bonded indebtedness of each of such districts shall, upon such dis- 
solution and annexation, become a charge upon the enlarged dis- 
trict thus formed. Such district shall succeed to all the rights of 
property possessed by the annulled district. The board of edu- 
cation of such district shall raise by tax an amount sufficient to 
pay any of the bonds and interest thereon of such district as the 
same shall become due. 

^§31 At any annual meeting held in any union free school dis- 
trict whose limits do not correspond with those of any incorpor- 
ated village or city, the qualified voters may determine by a major- 
ity vote of such voters present and voting, to be ascertained by 
taking and recording the aves and noes, to increase or diminish increase or 

<j .- diminution of 

the number of members of the board of education of such district. "''«^"^V«^r? of 

board of 

If such board shall consist of less than nine members, and such education 
meeting shall determine to increase the number, such meeting 
shall elect such additional number so determined upon, and shall 
divide such number into three several classes, the first to hold 
office one year, the second two years and the third three years. 
If such meeting shall determine to diminish the number of such 
members composing said board, no election shall be held in such 
district to fill the vacancies of the outgoing member or members 
thereof, until the number of members shall correspond to the 
number which such meeting shall determine to compose such 
board. No board of education of such district shall consist of Number 
less than three nor more than nine members. No change shall be 
made in the number of trustees of any such school district unless 
notice is given by the board of education at the time and in the 

>As amended by section i, chapter 463, laws of 1903. 



88 



NEW YORK STATE EDUCATION DEPARTMENT 



TITLE 8 



Special 
meeting for 
dissolution of 
union district 



Meetings not 
to be held 
oftener than 
triennial] V 



Proceedings 
upon favor- 
able vote 



Approval of 
proceedings 



Division of 
dissolved 
district in 
certain cases 



Transfer of 
academies to 
former 
trustees 



same manner of giving notice of the annual school meeting that a 
vote will be taken upon the question of changing the number of 
trustees at such annual meeting. 

§32 In any union free school district established under the laws 
of this state, and which shall have been established for the period 
of one y^ar or more, it shall be the duty of the board of education, 
upon the application of 15 resident taxpayers of such district, to 
call a special meeting in the manner prescribed by law, for the 
purpose of determining whether application shall be made in the 
manner hereinafter provided, for the dissolution of such union free 
school district, and for its reorganization as a common school dis- 
trict or districts. 

^^^ Whenever, at any such meeting called and held as afore- 
said, it shall be determined by a majority vote of the legal voters 
present and voting, to be ascertained by taking and recording the 
ayes and noes, not to dissolve such union free school district, no 
other meeting for a similar purpose shall be held in said district 
within three years from the time the first meeting was held, and 
whenever at any such meeting called and held as aforesaid it shall 
be determined by a two thirds vote of the legal voters present and 
voting, to be ascertained by taking and recording the ayes and 
noes, to dissolve such union free school district, it shall be the duty 
of the board of education to present to the school commissioner 
of the commissioner district in which said union free school is 
situated, a certified copy of the call, notice and proceedings. If 
such school commissioner shall approve the proceedings of said 
meeting, he shall certify the same to the board of education. Such 
approval shall not take effect until the day preceding the first 
Tuesday of August next succeeding; but after that date such dis- 
trict shall cease to be a union free school district. 

§34 If any union free school district dissolved under the fore- 
going provisions shall have been established by the consolidation 
of two or more districts, it shall be lawful for such school com- 
missioner to order that its territory be divided into two or more 
districts, to correspond, so far as practicable, with the districts 
theretofore consolidated. 

§35 If there shall be, in such dissolved union free school district, 
an academy which shall have been adopted as the academic de- 
partment of the union free school, under the provisions of title 9, 
chapter 555 of the laws of 1864, and any amendment thereof, or 
under this act shall, upon the application of a majority of the sur- 
viving resident former trustees or stockholders, be transferred by 
the board of education to said former trustees or stockholders. 



CONSOLIDATED SCHOOL LAW 89 

TITLE 8 

§36 Such school commissioner may make his approval of the Conditional 
proceeding of any such meeting held as aforesaid conditional upon proceedings 
the payment, by the district which has been most greatly bene- 
fited by the consolidation in the way of buildings and other im- 
provements to the other district or districts into which the said 
union free school district is divided, to such sum or sums of money 
as they inay deem equitable. 

§37 All moneys remaining in the hands of the treasurer of the Apportion- 
union free school district when the order of dissolution shall take moneys on 

hand 

effect shall be apportioned equitably among the several districts 
into which such union free school district is divided, and it shall 
be paid over to the collectors or treasurers of such districts when 
they shall have been elected and have qualified according to law. 

§^8 The district or districts formed by the dissolution of such Annual 

"^ ^ _ -^ _ meetings of 

union free school district shall hold its or their annual meeting or districts 

° created by 

meetings on the first Tuesday of August, next after the dissolution dissolution 
of such union free school district, and shall elect officers as now 
required by law. 

§SQ If such school commissioner shall not approve the proceed- Effect of 

^ -^ 1 1 A disapproval 

ings of any such meeting, held as aforesaid, for the purpose of dis- '^^ p^o^^^^^i^gs 
solving a union free school district, no other meeting shall be held 
in such district, for a similar purpose, within three years from the 
time the first meeting was held. 

§40 Whenever the proceedings of a meeting, held as aforesaid, SuperiiUend. 
for the purpose of dissolving a union free school district, shall have ^9^^^j^^.J^^ 
been approved by such school commissioner and shall have been 
certified by him to the board of education, it shall be the duty 
of the board of education of the district affected forthwith to notify 
the Superintendent of Public Instruction, and to furnish him copies 
of the call, notice, proceedings of the meeting, and the action taken 
by such school commissioner thereon. 

§41 Any person or persons conceiving himself or themselves ag- Appeal to 
grieved by the action, proceedings or decision of any special meet-intendent 
ing held under the provisions of this article, or by the order, de- 
cision, action or proceedings of any school commissioner under or 
pursuant to the provisions of this article, may appeal therefrom 
to the Superintendent of Public Instruction, who is hereby au- 
thorized and required to examine and decide the same ; and his 
decision shall be final and conclusive. 

^§42 The provisions of this title shall apply to all union free Provisions 
schools heretofore organized pursuant to the provisions of chapter to schools 

heretofore 

*As amended by section i, chapter 427, laws of 1904. organized 



90 NEW YORK STATE EDUCATION DEPARTMENT 



TITLE g 



433 ^^ "^^"^6 laws of 1853, and the amendments thereof, and of chap- 
ter 555 of the laws of 1864, and the amendments thereof; and sec- 
tions 9 and 10 of this title, are made applicable to all school dis- 
tricts established by and organized under special statutes, except 
those of cities; and subdivisions 16 and 17 of section 15, and sec- 
tion 1 7 of this title are made applicable to all school districts having 
a population of 5000 and upwards established by and organized 

Repeal undcr special statutes; and all acts or parts of acts inconsistent with 

and repugnant to said sections 9, 10 and 17 and said subdivisions 

Exemption i6 and 1 7 of scctiou 15 of this title are hereby repealed. So much 

of section 7 of this title as relates to the election of a clerk shall 

not affect the towns of Cortland and White Plains in Westchester 

county. 

TITLE IX 

Acquisition of schoolhouse sites 

Acquisition of ^§1 Land for the site of a schoolhouse in any school district, or 
additional land adjoining to and for the enlargement of an estab - 
lished site in any school district, may be acquired in cases where 
the owner or owners thereof, or some of them, shall not consent 
to sell the same for such purpose, or the trustee, trustees or board 
of education of the district can not agree with such owner or own- 
ers or some of them, upon the price or value thereof as real prop- 
erty for public use is taken under and pursuant to the laws of the 
state. The trustee or trustees or board of education of any such 
school district is or are hereby authorized and empowered to insti- 
tute, carry on and complete the proceedings necessary for acquir- 
ing said land, and the title thereto, for and on behalf of such dis- 
trict. The method of procedure to acquire such land shall be that 
prescribed for the condemnation of real property for public use in 
title I of chapter 23 of the Code of Civil Procedure, and any amend- 
ment thereof, entitled "proceedings for the condemnation of real 
property," and known as the "condemnation law." 
Ap licationof ^§^ ^^^ provisious of the foregoing section shall not apply to 
section cities of morc than 30,000 inhabitants nor shall it be lawful under 

Lands certain ^^^^ scctiou to acquirc title to less than the whole of any city or 
village lot, with the erections thereon, if any, without the consent 
of such owner or owners; nor beyond the corporate limits of cities, 
to any garden or orchard, or any part thereof, nor to any part of 
any yard or inclosure necessary to the use and enjoyment of build- 
ings, or any fixtures or erections for the purposes of trade or manu- 
factures, without the consent of the owner or owners thereof. 

>As amended by section i, chapter 480, laws of 1901. 
^As amended by section i, chapter 305, laws of 1904. 



Method of 
procedure 



not to be 
taken 



CONSOLIDATED SCHOOL LAW 9I 

TITLE 10 

§3 Boards of education in cities of not more than 30,000 inhabi- guards of 
tan IS are hereby clothed with all the powers of trustees and the ^^^he'ifVnl'stee: 
title to any and all lands acquired in any city under the provisions 
of section i of this title, shall vest in the board of education thereof, Tj^ie ^o lands 
or such other corporate body as is by law vested with the title to 
the school lands in such city. But nothing herein contained shall 
be construed to limit or circumscribe the powers and duties here-P'"oviso 
tofore lodged in such board of education by law. 

§4 The provisions of section i of this title shall be extended and Provisions 
apply to the city of Brooklyn, and the board of education of that city of 
ciiy is hereby clothed with all the powers of trustees under the 
provisions of this title, and the title to any and all lands acquired 
in said city under the provisions of this act shall vest in the board 
of education thereof. The proceedings mentioned in section i of 
this title may be authorized by a vote of said board of education 
and the petition may be signed by the officers of said board. 

§5 The provisions of section i of this title shall apply to union Provisions 

111.. -I .... ... 1 -1, applicable 

free school districts and to districts organized under special laws ; to districts 

r 1 1- • iiiiri organized 

and the trustee or trustees of such districts, and the boards of edu- under special 
cation organized under special laws shall be and are hereby clothed 
with all the powers vested in trustees in this title. 

TITLE X 

Teachers institutes 
§1 It shall be the duty of the Superintendent of Public Instruc- Superintend- 
tion to appoint a teachers institute once in each year in each school teacherT^^'" 
commissioner district of the state, for the benefit and instruction ^ ^ ^ ^ ^ 
of the teachers in the public schools, and of such as intend to be- 
come teachers, with special reference to the presentation of sub- 
jects relating to the principles of education and methods of in- 
struction in the various branches of study pursued in the schools. 
After consultation with the school commissioners, the said Super- Duration, 
intendent shall have power to determine the duration of each in- place of 
stitute and to designate the time and place of holding the same. 
He shall also have power to employ suitable persons, at a reason- Employment 

1 , , . , . 1 1,1-. , of conductor 

able compensation, to supervise and conduct the institutes, and, etc. 

in his discretion, to provide for such additional instruction as he 

may deem advisable and for the best interests of the schools. He Discretionary 

may also, in his discretion, appoint an institute for two or more 

commissioner districts. He shall establish such regulations for Regulations 

the government of institutes as he may deem best; and he may 

establish regulations in regard to certificates of qualification or 



92 



NEW YORK STATE EDUCATION DEPARTMENT 



Visitation 
of institutes 
by Super- 
intendent 



Notice of 
time and 
jilace of hold- 
ing institutes 



Duty of school 
commissioner 



Report to 
Super- 
intendent 



Statement of 
expenses 



Right to 
hold institute 
in school 
buildings 



Closing of 
schools during 
session 



recommendation which may be issued by school commissioners as 
will, in his judgment, furnish incentives and encouragement to 
teachers to attend the institutes. So far as consistent with other 
duties imposed upon hi.n, the Superintendent shall visit the in- 
stitutes, or cause them to be visited by representatives of the De- 
partment of Public Instruction, for the purpose of examining into 
the course and character of instruction given, and of rendering such 
assistance as he may find expedient. 

§2 It shall be the duty of every school commissioner, subject 
always to the advice and direction of the Superintendent of Pub- 
He Instruction, and in such form and manner as may be deemed 
most effectual, to notify all teachers, trustees, boards of educa- 
tion and others known to him, who may desire to become teachers 
under his jurisdiction, of the time when and the place where the 
institute will be held. The school commissioner shall make all 
necessary arrangements for holding the institute when appointed; 
see that a suitable room is provided; attend to all the necessary 
details connected therewith; assist the conductor in organization; 
keep a record of all teachers in attendance ; and notify the trustees 
of the number of days attended by the teachers of the various dis- 
tricts, which shall be the basis of pay to such teacher for attendance 
as hereafter provided. He shall also transmit to the Superintendent 
of PubHc Instruction at the close of each institute, in such form, 
and within such time as the Superintendent shall prescribe, a full 
report of the institute, including a list of all teachers in attendance, 
the number of days attended by each teacher, with such other sta- 
tistical information as may be required. He shall present a full 
statement of all expenses incurred by him in carrying on the insti- 
tute, with vouchers for all expenditures made, accompanying the 
same by an affidavit of the correctness of statements made and of 
accounts presented. 

§3 The school commissioner shall have the right to hold an in- 
stitute when appointed in any school building in any district under 
such commissioner's jurisdiction which receives public money from 
the state, without expense therefor to the state beyond a reason- 
able allowance to said district for lighting, heating and janitor ser- 
vice, provided always that due and proper care shall be maintained, 
and the school building left in the like condition as found as regards 
cleanliness and neatness. 

^§4 All schools in school districts and parts of school districts 
within any school commissioner district wherein an institute is 

^As amended by section 5, chapter 512, laws of 1897. ^~~" 



CONSOLIDATED SCHOOL LAW 93 

TITLE lO 

held, not included within the boundaries of an incorporated city, 
except as hereinafter provided, shall be closed during the time such 
institute shall be in session. The closing of a school within the 
school commissioner district wherein an institute shall be held, at 
which a teacher has attended, shall not work a forfeiture of the 
contract under which such teacher was employed. In all districts 
having a population of more than 5000, and employing a superin- 
tendent whose time is exclusively devoted to the supervision of 
the schools therein, the schools may be closed or not at the option 
of the boards of education in such districts. The trustees of every ^^chers" ^°^ 
school district are hereby directed to give the teacher or teachers 
employed by them, the whole of the time spent by them in attend- 
ing at an institute or mstitutes held as hereinbefore stated, with- 
out deducting anything from the wages of such teacher or teachers 
for the time so spent. All teachers under a contract to teach in ^^f^eachJr? 
any commissioner district shall attend such institute so held f or ""^^^' ^°"^^^^* 
that district, and shall receive wages for such attendance. 

§5 In the apportionment of public school money, the schools ^^^J°JJ|f^^^g^^j^ 
thus closing in any school term shall be allowed the same average of^tIti°mTjney 
pupil attendance during such time, as was the average weekly ag- 
gregate during the week previous to such institute, and any school 
continuing its sessions in violation cf the above provision shall not 
be allowed any public money based upon the aggregate attendance 
for the period during which the institute was held. Trustees and ^^p^J^^^^^^^ 
boards of education in such school districts and parts of school dis- gj^^ation 
tricts shall report, in their annual reports to the school commis- 
sioners, the number of days and the dates thereof on which a teach- 
ers institute was held in their districts during the school year, and 
whether schools under their charge were or were not closed during such 
days; and whenever the trustees' report shows a district school has 
been supported for the full time required by law, including the time 
spent by the teacher or teachers in their employ in attendance upon 
such institute, and that the trustees have given the teacher or 
teachers the time of such absence, and have not deducted anything 
from his or their wages on account thereof, the Superintendent of Superintendent 

. .... may include 

Public Instruction may mclude the district in his apportionment districts 

^ ^ m apportion- 

of the state school moneys, and direct that it be included by thement 
school commissioner or commissioners in their apportionment of 
school moneys; provided, always, that such school district be in Proviso 
all other respects entitled to be included in such apportionment. 

'§6 Wilful failure on the part of a teacher to attend a teachers F^i^"'"^ "^ 

^ teacher to 

institute as required, shall be considered sufficient cause for the J^J|"^ '"^*^" 

*As amended by section 17, chapter 264, laws of 1896. 



94 



NEW YORK STATE EDUCATION DEPART^TENT 



Failure of 
trustee to 
close schools 



Teachers 
entitled to 
wa.Tes. 



Payment of 
expenses 



Annual 
appropriation 



Summer 
institutes 



revocation of such teacher's Ucense, and a wilful failure on the part 
of trustees to close their schools during the holding of an institute 
as required, shall be considered suflficient cause for withholding the 
public moneys to which such districts would otherwise be entitled. 
Any person under contract to teach in a school in any commis- 
sioner district is required to attend an institute, if held for that 
district, even though at the time the school is not in session, and 
shall be entitled to receive wages for such attendance. 

§7 The treasurer shall pay, on the warrant of the Comptroller, 
to the order of any one or more of the school commissioners, such 
sum or sums of money as the Superintendent of Public Instruction 
shall certify to be due to them for expenses in holding a teachers 
institute; and, upon the like warrant and certificate to pay to the 
order of any persons employed by the Superintendent as additional 
instructors to conduct, instruct, teach or supervise any such teach- 
ers institute. 

§8 There shall be annually appropriated out of the free school 
fund the sum of $30,000 for the maintenance of teachers institutes. 

*§9 There shall be annually appropriated out of the free schoo[ 
fund the sum of $6000, for the establishment and maintenance c 
summer institutes in accordance with the provisions of this sec- 
tion. It shall be the duty of the Superintendent of Public In- 
struction to establish and maintain three summer institutes hav- 
ing a course of at least three weeks duration for the training and 
instruction of teachers for the common schools of the state, to be 
located at three convenient and accessible points therein to be se- 
lected by him. Such institutes shall be supplied with proper in- 
structors, to be appointed by the State Superintendent for that 
purpose, utilizing so far as practicable, those who are employed as 
institute conductors. Admission to said institutes and all the ad- 
vantages thereof, shall be free to all teachers of the state and those 
preparing for teaching therein. The Superintendent of Public In- 
struction shall establish such regulations for the government of 
such summer institutes as he may deem best, and may establish 
regulations in regard to examinations thereat and certificates of 
qualification to be issued to graduates therefrom as shall, in his 
judgment, best furnish incentives and encouragement to teachers to 
attend such institutes. The conductor in charge of such institutes 
shall transmit to the Superintendent of Public Instruction at the 
close thereof, in such form and at such time as the Superintendent 
shall prescribe, a full report of such institute, including a list of all 

^Added to title lo by chapter 156, laws of i8q6. 



CONSOr.IDATED SCHOOL LAW 95 

TITLE II 

the teachers in attendance, the number of days attended by each 
teacher, together with such other statistical information as the Su- 
perintendent may require. He shall present a full statement of all 
the expenses incurred by him in carrying on the institute, with 
vouchers for all expenditures made, accompanying the same by an 
affidavit of the correctness of the statements made and accounts 
presented. The sum of $6,000 is hereby appropriated out of the ^pp^p^^^^o" 
free school fund for the purposes of carrying out the provisions of 
this act. 

TITLE XI 

Teachers training classes 

§1 There shall be annually appropriated out of the incorne of Annual 
the United States deposit fund, not otherwise appropriated, the f,^'JYStruct?on 
sum of $30,000 and out of the free school fund the sum of $30,000 "^ teachers 
for the instruction of competent persons in academies and union 
schools, in the science and practice of common school teaching, 
under a course to be prescribed by the Superintendent of Public 
Instruction. 

§2 The Superintendent of Public Instruction shall designate the Designation of 
academies and union schools in which such instruction shall be schooiT^^'' ^^^ 
given, distributing them among the school commissioner districts 
of the state, as nearly as may well be, having reference to the 
number of school districts in each, to location and to the character 
of the institutions selected. 

§3 Every academy and union school so designated shall instruct instruction of 
a class of not less than 10 nor more than 25 scholars, and every '^''^^''^^ 
scholar admitted to such class shall continue under instruction 
not less than 16 weeks. Whenever it shall be shown to the satis- Default in 
faction of the Superintendent of Public Instruction that any pupil ;';"tem"o? 
attending such class or classes, has been prevented from attending "'"'*^"'^^^°" 
the same for the full term of 16 weeks, or has attended the first 
full term, but not the full time in the second term, during any one 
year, or that for any reason satisfactory to such Superintendent, 
said class or classes have not been held for the full term of 16 
weeks, such Superintendent may excuse such default and allow Allowance 
to the trustees of the academy or union free school in which said °^ ^^^' 
class or classes shall have been instructed, pay for such scholar 
or scholars for the time actually spent in attendance, or during 
which said class or classes shall have been under instruction, at 
the rate of $1 for each week's instruction, as provided in section 5 



TITLE 



96 NEW YORK STATE EDUCATION DEPARTMENT 

Conditions of this title. The Superintendent shall prescribe the conditions 

of admissioi 
number of 
classes, etc. 



number of° ' of admission to the classes, the course of instruction and the rules 



and regulations under which said instruction shall be given, and 
shall, in his discretion, determine the number of classes which may 
be formed in any one year, in an academy or union school, and 
the length of time exceeding 16 weeks during which such instruc- 
tion may be given. 

Instruction §4 lustruction shall bc free to all scholars admitted to such 

classes, and who have continued in them the length of time re- 
quired by the third section of this title. 

Payments to §5 The trustccs of all acadcmics and union schools in which 

trustees for 

instruction such iustructiou shall be given shall be paid from the appropria- 
tions named in the first section of this title at the rate of $i for 
each week's instruction for each scholar who has attended for the 
term of time as required by section 3 of this title, on the certi- 
ficate of the Superintendent, to be furnished to the Comptroller. 

Expenses of §6 The appropriation provided by this act, for the instruction 

inspection and . ,. ^ . 11-^1 • 1 , ' r 

supervision in acadcmies and union schools m the science and practice oi com- 
mon school teaching, shall be deemed to include, and shall include, 
the due inspection and supervision of such instruction by the 
Superintendent of Public Instruction, and the expenses of such 
inspection and supervision shall be paid out of said appropriation 
on vouchers certified by the Superintendent. 

Visitation of §7 Each class organized in any academy or union school under 

appointment by the Superintendent for instruction in the science 
and practice of common school teaching, shall be subject to the 
visitation of the school commissioner of the district in which such 

Duty of school acadcmy or union school is situated ; and it shall be the duty of 

commissioners .. . ^., ..-..^ 

said commissioner to advise and assist the principals of said acad- 
emies or union schools in the organization and management of 
said classes, and at the close of the term of instruction of said 
classes, under the direction of the Superintendent, to examine the 
students in such classes, and to issue teachers certificates to such 
as show moral character, fitness and scholastic and professional 
qualifications, worthy thereof. 

TITLE XII 

State scholarships in Cornell University 

Departments §1 The several departments of study in Cornell University shall 
applicants bc Open to applicants for admission thereto at the lowest rates of 
expense consistent with its welfare and efficiency, and without dis- 
tinction as to rank, class, previous occupation or locality. But 



CONSOLIDATED SCHOOL LAW 97 

TITLE 12 

with a view to equalize its advantages to all parts of the state, the Free scholar- 
institution shall receive students to the number of one each year 
.from each assembly district in this state, to be selected as herein- 
after provided, and shall give them instruction in any or in all the 
prescribed branches of study in any department of said institution, 
free of any tuition fee or of any incidental charges to be paid to 
said university, unless such incidental charges shall have been 
made to compensate for materials consumed by said students or 
for damages needlessly or purposely done by them to the property 
of said university. The said free instruction shall, moreover, be 
accorded to said students in consideration of their superior ability, 
and as a reward for superior scholarship in the academies and 
public schools of this state. Said students shall be selected as Selection of 

^ . . students 

the Legislature may from time to time direct, and until other- 
wise ordered as follows: 

1 A competitive examination, under the direction of the Depart- Competitive 

examination 

ment of Public Instruction, shall be held at the county court- 
house in each county of the state, upon the first Saturday of June, 
in each year, by the city superintendents and the school com- 
missioners of the county. 

2 None but pupils of at least i6 years of age and of six months Qualifications 

^ ^ J ^ of applicants 

standing in the common schools or academies of the state, during 
the year immediately preceding the examination, shall be eligible. 

2 Such examination shall be upon such subjects as may be Subjects for 

1 • -1 ri ■ • \-^ examination 

designated by the president of the university. Question papers 
prepared by the Department of Public Instruction shall be used, 
and^the examination papers handed in by the different candidates 
shall be retained by the examiners and forwarded to the Depart- 
ment of Public Instruction. 

4 The examiners shall, within lo days after such examination , Certificate of 

•^ scholarship, 

make and file in the Department of Public Instruction a certifi- ^^ii">-' "^ 
cate, in which they shall name all the candidates examined and 
specify the order of their excellence, and such candidates shall, in 
the order of their excellence, become entitled to the scholarships 
belonging to their respective counties. 

5 In case any candidate who may become entitled to a scholar- X^^^^S^^^' 

^ . . •' how filled 

ship shall fail to claim the same, or shall fail to pass the entrance 
examination at such university, or shall die, resign, absent him- 
self without leave, be expelled, or, for any other reason, shall 
abandon his right to or vacate such scholarship either before or 
after entering thereupon, then the candidate certified to be next 
entitled in the same county shall become entitled to the same- 



98 NEW YORK STATE EDUCATION DEPARTMENT 

TITLE 12 

In case any scholarship belonging to any county shall not be 
claimed by any candidate resident in that county, the State Super- 
intendent may fill the same by appointing thereto some candi- 
date first entitled to a vacancy in some other county, after notice 
has been served on the Superintendent or commissioners of schools 
of said county. In any such case, the president of the university 
shall at once notify the Superintendent of PubUc Instruction, and 
that officer shall immediately notify the candidate next entitled 
to the vacant scholarship of his right to the same. 
Leave of 5 Any statc student who shall make it appear to the satisfac- 

absence, when •' ^ ^ 

granted tion of the president of the university that he requires leave of 

absence, for the purpose of earning funds with which to defray 
his living expenses while in attendance, may, in the discretion of 
the president, be granted such leave of absence, and may be allowed 
a period not exceeding six years from the commencement thereof 
for the completion of his course at said university. 

Preference of 7 In Certifying the qualifications of the candidates, preference 
shall be given (where other qualifications are equal) to the chil- 
dren of those who have died in the military or naval service of 
the United States. 

Notices of 8 Notices of the time and place of the examinations shall be 

given in all the schools having pupils eligible thereto, prior to the 
first day of January in each year, and shall be published once a 
week, for three weeks, in at least two newspapers in each county 
immediately prior to the holding of such examinations. The cost 
of publishing such notices and the necessary expenses of such 
examination shall be a charge upon each county, respectively, and 
shall be audited and paid by the board of supervisors thereof. 

Duty of State The State Superintendent of Public Instruction shall attend to 

dent the giving and publishing of the notices hereinbefore provided for. 

He may, in his discretion, direct that the examination in any 
county may be held at some other time and place than that above 
specified, in which case it shall be held as directed by him. He 
shall keep full records in his department of the reports of the dif- 
ferent examiners, showing the age, postoffice address and stand- 
ing of each candidate, and shall notify candidates of their rights 
under this act. He shall determine any controversies which may 
arise under the provisions of this act. He is hereby charged with 
the general supervision and direction of all matters in connection 
with the filling of such scholarships. Students enjoving the privi- 

Liahilities and ,,.,. - .. . .,-'- ,1, 

restrictions legcs of frcc scholarships shall, m comraon with the other students 

imposed on ..-. ., ,. ii/-i •• 1 -1 

students of said univcrsity, be subject to all of the exammations, rules and 



CONSOLIDATED SCHOOL LAW 99 

TITLE 13 

requirements of the board of trustees or faeulty of said university, 
except as herein provided. 

TITLE XIII 
Common school and public libraries 

§1 So much of the school Hbrary money as shall be needed for Library 
that purpose shall be apportioned among the several cities and JJIpOTtionment 
school districts by the State Superintendent of Public Instruction, tureo'f^^" 
who may, so far as consistent with law, make, alter or repeal any 
rules that he may deem proper for regulating the expenditure of 
the school library money and the administration and care of school 
libraries established or maintained under authority of this act; 
provided, that no portion of the school library money shall be 
expended except for books approved by the said Superintendent, 
v^aid school libraries shall consist of reference books for use in the 
schoolroom, suitable supplementary reading books for children, or 
books relating to branches of study being pursued in the school 
and pedagogic books as aids to teachers. And no city or school Requirements 
district shall share in the apportionment unless it shall raise and apportioV-" 
use for the same purpose an equal amount from taxation or other "^^" 
local sources, and shall also comply with the requirements of the 
Superintendent as to the care of such libraries and otherwise- 
Library moneys shall be apportioned to the school districts and Apportion 
parts of school districts joint with parts in any city or in any dSti-icts ■""'" 
adjoining county which shall be entitled to participate therein as 
follows: To each of said districts an amount equal to that w':ich 
shall have been raised in said district for library purposes, either 
by tax or otherwise; and if the aggregate amount so raised in the 
districts within the county, shall exceed the sum apportioned to 
the county, the said districts respectively shall be entitled to par- 
ticipate in such apportionment pro rata to the total amount appor- 
tioned to the county. All school library moneys unapportioned Disposition of 
^y school commissioners and remaining in the hands of county m'SfJJ'f *°'^^ ' 
treasurers shall in each succeeding year, be added to the school 
library money apportioned by the Superintendent of Public In- 
struction to the counties of the state. 

§2 The school library shall be a part of the school equipment Use etc. of 
and shall be kept in the school building at all times, and shall not''^^"" ' ^'^^'' 
be used as a circulating library, except that, so far as the rules 
fixed by the State Superintendent shall allow, teachers and school 
officers or pupils, with the leave of the librarian, may borrow from 
said library any book not needed for reference in the schoolroom, 



lOO 



NEW YORK STATE EDUCATION DEPARTMENT 



TITLE 13 



Librarian 



Existing laws 
and rules 
applicable 



Tax 



Gifts and 
devises 

Transfer of 
books, etc. to 
free public 
libraries 



Release of 

school 

authorities 



Public 
libraries 
may take 
books, etc. 
of district 
libraries 



Delivery of 
books and 
property to 
libraries 



but such persons shall not borrow more than one volume at a 
time and shall not keep the same more than two weeks. The 
board of education or trustees shall appoint a teacher of the schools 
under their charge as librarian, who, with the trustees, shall be 
responsible for the safety and proper care of the books, and shall 
annually, and whenever required, make such reports concerning 
the library as the State Superintendent may direct. 

§3 All existing provisions of law and rules established by the 
Superintendent of Public Instruction for the management of dis- 
trict libraries shall hold good as to the management of school 
libraries till altered by or in pursuance of law. 

§4 Each city and school district in the state is hereby author- 
ized to raise moneys by tax in the same manner as other school 
moneys are raised, or to receive moneys by gift or devise, for 
starting or extending or caring for the school library. 

§5 Any board of education in any city or union free school dis- 
trict, or any duly constituted meeting in any other district, is 
hereby authorized to give any or all of its books or other library 
property to any township or other free public library under state 
supervision, or to aid in establishing such free public library, pro- 
vided it is free to the people of such city or district. A receipt 
from the officers of the said free public library, and an approval 
of the transfer under seal by the Regents of the University, shall 
forever thereafter relieve the said school authorities of further 
responsibility for the said library and property so transferred. 

§6 Any books or other library property belonging to any district 
library, and which have not been in direct charge of a librarian 
duly appointed within one year, may be taken and shall thereafter 
be owned by any public library under state supervision, which has 
received from the Regents of the University written permission 
to collect such books or library property, and to administer the 
same for the benefit of the public; provided, that said books or 
other library property shall be found in the territory for which 
such public library is maintained, as defined in its charter or in the 
permission granted by the Regents; and further provided that, 
on written request of the school authorities, any dictionaries, 
cyclopedias and pedagogic books shall be placed in the school 
library of the district to which such books originally belong. Any 
person, association or corporation having possession of books 
or other property belonging to any school, district or other public 
librarv, except books regularly borrowed and charged for a period 
not yet expired, shall deliver the same within one month from the 



CONSOLIDATED SCHOOL LAW lOT 

TITLE 14 

passage of this law to the legally appointed librarian of such library, 
or of the free public library, duly authorized to take the same as 
provided in this section, and wilful neglect or refusal to comply 
with this provision shall be a misdemeanor. 

§7 The public shall not be entitled to use any library, now or Public not 
hereafter in the custody of the school authorities, but said authori- of school 
ties may appoint three trustees who shall have the powers, duties 
and responsibilities of trustees of public libraries incorporated by 
the Regents, and thereafter the school authorities may transfer to 
the custody of said trustees for the purpose of a circulating library 
any of their library property as provided in section 5. 

§8 The State Superintendent of Public Instruction is hereby Withholding 
authorized to withhold its share of public school moneys from any Superhften- ^ 
city or district which uses school library moneys for any other 
purpose than that for which they are provided, or for any wilful 
neglect or disobedience of the law or the rules or orders of said 
Superintendent in the premises. 



TITLE XIV 

Appeals to the Superintendent of Public Instruction 

§1 Any person conceiving himself aggrieved in consequence of Appeals to 

1 . . J Superinten- 

any decision made: dent 

1 By any school district meeting; 

2 By any school commissioner or school commissioners and other 
officers, in forming or altering, or refusing to form or alter, any 
school district, or in refusing to apportion any school moneys to 
any such district or part of a district ; 

3 By a supervisor in refusing to pay any such moneys to any 
such district; 

4 By the trustees of any district in paying or refusing to pay 
any teacher, or in refusing to admit any scholar gratuitously into 
any school; 

5 By any trustees of any school library concerning such library, 
or the books therein, or the use of such books; 

6 By any district meeting in relation to the library ; 

7 By any other official act or decision concerning any other mat- 
ter under this act, or any other act pertaining to common schools, 
may appeal to the Superintendent of Public Instruction, who is 
hereby authorized and required to examine and decide the same ; 

and his decision shall be final and conclusive, and not subject to Decision final 
question or review in any place^or court whatever. 



I02 



NEW YORK STATE EDUCATION DEPARTMENT 



TITLE 15 



Superintend- 
ent's powers 



§2 The Superintendent, in reference to such appeals, shall have 
power : 

1 To regulate the practice therein. 

2 To determine whether an appeal shall stay proceedings, and 
prescribe conditions upon which it shall or shall not so operate. 

3 To decline to entertain or to dismiss an appeal, when it shall 
appear that the appellant has no interest in the matter appealed 
from, and that the matter is not a matter of public concern, 
and that the person injuriously affected by the act or decision ap- 
pealed from is incompetent to appeal. 

4 To make all orders, by directing the levying of taxes or other- 
wise, w^iich may, in his judgment, be proper or necessary to give 
effect to his decision. 

§3 The Superintendent shall file, arrange in the order of time, 
and keep in his office, so that they may be at all times accessible, 
all the proceedings on every appeal to him under this title, includ- 
Copies thereof ing his dccisiou and orders founded thereon ; and copies of all such 
papers and proceedings, authenticated by him under his seal of 
office, shall be evidence equally with the originals. 



Record of 
appeals 



evidence 



Loss of school 

moneys 

apportioned 



Forfeiture 



Neglect to 
sue for 
penalties 



TITLE XV 

Miscellaneous provisions 
ARTICLE I 

Of loss of school moneys apportioned; of forfeiture by school officers 
by reason of neglect to sue for penalties; of costs in suits which 
might have been the subjects of appeal to the Superintendent of 
Public Instruction; of costs in suits, actions and proceedings other 
than appeals to the Superintendent of Public Instruction 

§1 Whenever the share of school moneys or any portion thereof, 
apportioned to any town or school district, or any money to which 
a town or school district would have been entitled, shall be lost, 
in consequence of any wilful neglect of official duty by any school 
commissioner, town clerk, trustees or clerks of school districts, the 
officer or officers guilty of such neglect shall forfeit to the town, 
or school district so losing the same, the full amount of such loss 
with interest thereon. 

§2 Where any penalty for the benefit of a school district, or of 
the schools of any school district, town, school commissioner dis- 
trict or county, shall be incurred, and the officer or officers, whose 
duty it is by law to sue for the same, shall wilfully and unreason- 
ably refuse or neglect to sue for the same, such officer or officers 



CONSOLIDATED SCHOOL LAW IO3 

TITLE 15 

shall forfeit the amount of such penalty to the same use, and it Forfeiture 
shall be the duty of their successor or successors in office to sue 
for the same. 

§3 In any action ag^ainst a school officer or officers, including Action against 

•^ school oflficers. 

supervisors of towns, in respect to their duties and powers under including 

1 1 1 r supervisors 

this act, for any act performed by virtue of or under the color ot 
their offices, or for any refusal or omission to perform any duty 
enjoined by law, and which might have been the subject of an ap- 
peal to the Superintendent, no costs shall be allowed to the plain- 
tiff, in cases where the court shall certify that it appeared on the 
trial that the defendants acted in good faith. But this provision 
shall not extend to suits for penalties, nor to suits or proceedings 
to enforce the decisions of the Superintendent. 

§4 Whenever the trustees of any school district, or anv school Action bv 

school ofTicei 

district officer or officers, have been or shall be instructed by a 
resolution of the district, at a meeting called for that purpose, to 
defend any action brought against them, or to bring or defend an 
action or proceeding touching any district property or claim of the 
district, or involving its rights or interests, or to continue any such 
action or defense, all their costs and reasonable expenses, as well Costs and 

expenses 

as all costs and damages adjudged against them, shall be a dis- thereof 
trict charge and shall be levied by tax. If the amount claimed 
by them be disputed by a district meeting, it shall be adjusted by 
the county judge of any county in which the district or any part 
of it is situated. 

§5 Whenever such trustees or any school district officer shall Actions 
have brought or defended any such action or proceeding, without direction 
any such resolution of the district meeting, and after the final de- 
termination of such suit or proceeding, shall present to any regular 
meeting of the inhabitants of the district, an account, in writing, 
of all costs, charges and expenses paid by him or them, with the 
items thereof, and verified by his or their oath or affirmation, and 
a majority of the voters at such meeting shall so direct, it shall be 
the duty of the trustees to cause the same to be assessed upon and ^ax for cost? 
collected of the taxable property of said district, in the same man-^""^ expenses 
ner as other taxes are by law assessed and collected; and, when so 
collected, the same shall be paid over, by an order upon the col- 
lector or treasurer to the officer or officers entitled to receive the 
same; but this provision shall not extend to suits for penalties, nor„ 

^ ^ Proviso 

to suits or proceedings to enforce the decisions of the Superintend- 
ent of Public Instruction. 

§6 Whenever an officer or officers mentioned in the last preced-^ppg^i o„ 
ing section of this title shall have complied with the provisions of[^^^,^j[*° 



104 



NEW YORK STATE EDUCATION DEPARTMENT 



Notice to be 
given 



Appointment 
of inhabitant 
to protect 
interest 



Service of 
copy of 
account upon 
town clerk 



Record of 
notice 



Appearance 
before county 
judge or 
district 
attorney 



Levy of tax 
for expenses 



Hearing 
before county 
judge and 
decision 
thereupon 



Costs 



Proviso as to 
payment 



said section, and the inhabitants shall have refused to direct che 
trustees to levy a tax for the payment of the costs, charges arx 
expenses therein mentioned, it shall be lawful for him or them 
then and there, to give notice orally and publicly, that he will ap- 
peal to the county judge of the county; and in case of his disability 
to act in the matter by reason of being disqualified, or otherwise, 
then to the district attorney of the county in which the school - 
house of said district is located, from the refusal of said meeting 
to vote a tax for the payment of said claim, and the inhabitants 
may, then and there, or at any subsequent district meeting, appoint 
one or more of the inhabitants of the district to protect the rights 
and interests of the district upon said appeal. And the of^cer or 
officers before mentioned shall thereupon, within lo days, serve 
upon the clerk of said district (or if there be no such clerk, upon 
the town clerk of the town) a copy of the aforesaid account, so 
sworn to, together with a notice, in writing, that on a certain day 
therein specified he or they intend to present such account to the 
county judge or to the district attorney, as the case may be, for 
settlement. And the clerk shall record such notice, together with 
the copy of the account, and the same shall be subject to the in- 
spection of the inhabitants of the district. And it shall be the duty 
of the person or persons appointed by any district meeting for that 
purpose, to appear before the county judge or the district attor- 
ney, as the case may be, on the day mentioned in the notice fore- 
said, and to protect the rights of the district upon such settlement; 
and the expenses incurred in the performance of this duty shall be 
a charge upon said district, and the trustees, upon presentation of 
the account of such expenses, with the proper voucher therefor, 
may levy, a tax therefor, or add the same to any other tax to be 
levied by them; and their refusal to levy said tax for the payment 
of said expenses, shall be subject to an appeal to the Superintend- 
ent of Public Instruction. 

§7 Upon the appearance of the parties, or upon due proof of 
service of the notice and copy of the account, the county judge shall 
examine into the matter and hear the proofs and allegations pre- 
sented by the parties, and decide by order whether or not the ac- 
count, or any and what portion thereof, ought justly be charged 
upon the district, with costs and disbursements to such officer or 
officers, in his discretion, which costs and disbursements shall not 
exceed the sum of $30, and the decision of the county judge shall 
be final; but no portion of such account shall be so ordered to be 
paid which shall appear to such judge to have arisen from the wil- 



CONSOLIDATED SCHOOL LAW IO5 

TITLE 15 

ful neglect or misconduct of the claimant. The account with the Evidence of 

,.- ,.. , 1111 • r • • 1 correctness of 

oath of the party claiming the same shall be prima tacie evidence account 
of the correctness thereof. The county judge may adjourn the ^^djournment 
hearing from time to time, as justice shall seem to require. 

§8 It shall be the duty of the trustees of any school district, J^^e^cord of 
within 30 days after service of a copy of such order upon them 
or upon the district clerk, and notice thereof to them, or any two 
of them, to cause the same to be entered at length in the book of 
record of said district, and to raise the amount thereby directed 
to be paid, by a tax upon the district, to be by them assessed and 
levied in the same manner as a tax voted by the district. 

ARTICLE 2 
Changes in textbooks 

§9 The boards of education, or such bodies as perform the fun c- Adoption and 
tions of such boards in the several cities, villages and union free textbooks 
school districts of this state, shall have power and it shall be their 
duty to adopt and designate textbooks to be used in the schools 
under their charge in their respective districts. In the common 
school districts in the state the textbooks to be used in the schools 
therein shall be designated at any annual school meeting by a two 
thirds vote of all the legal voters present and voting at such school 
meeting. 

§10 When a textbook shall have been adopted for use in any of change of 
the public or common schools in this state, as provided in the ninth 
section of this title, it shall not be lawful to supersede the textbook 
so adopted by any other book within a period of five years from 
the time of such adoption, except upon a three fourths vote of the 
board of education, or of such body as performs the function of 
such board, where such board has made the designation, or upon 
a three fourths vote of the legal voters present and voting at the 
annual school meeting in any common school district. 

§ 1 1 Any person or persons violating any of the provisions of this Penalty for 
act shall be liable to a penalty of not less than $50 nor more than provisSns" 
$100 for every such violation, to be sued for by any taxpayer of 
the school district, and recovered before any justice of the peace, 
said fine, when collected, to be paid to the collector or treasurer 
for the benefit of said school district. 

. ARTICLE 3 
Care of code of public instruction 
§ 1 2 The trustee or trustees of each school district are hereby Trustees 
made the cust?odians of the code of public instruction belonging of^^^odd^"^ 



io6 



NEW YORK STATE EDUCATION DEPARTMENT 



to such school district, and shall deliver the same to their successor 
Replacement or succcssors in officc. And in case such copy of said code shall 

in case of loss 

have been lost or destroyed through or by means of the fault or 
negligence of the trustee or trustees, the trustee so permitting the 
same to be lost or destroyed shall, at their own expense, procure 
a copv of the latest edition of the code of public instruction and de- 
liver the same to their successor or successors in ofhce in lieu of 
the copy so lost or destroyed. 
Penalty § 1 3 Evcry trustcc who fails to comply with the provisions of the 

foregoing section shall forfeit the sum of $25. Thii penalty shall 
be sued for by the supervisor of the town and shall be used in the 
purchase of books for the school library. 



Contract 
teaching 
children 



for 



ARTICLE 4 
Contracts between school districts and boards of education in other 
districts, villages and cities 
'§14 Whenever any school district, by a vote of a majority of 
the qualified voters present and voting thereon, shall empower the 
trustees or board of education thereof, the said trustees or board 
of education shall enter into a written contract with the trustees 
or boards of education consenting thereto, of any district, village 
or city, whereby all or part of the children of such district may 
be entitled to be taught in the public schools of such city, village 
or school district for such period as said authorities may agree 
upon not exceeding one full school year. Upon filing a copy of 
such contract, duly certified by the trustees of each of such school 
districts, or by the secretary of the board of education of such city 
or village in the office of the State Superintendent of Public In- 
struction, such school district shall, after such contract has been 
approved by the State Superintendent, be deemed to have em- 
ployed a competent teacher for the period of such contract. When- 
ever the period of such contract or the period of such contract to- 
gether with the time school is actually taught in said district shall 
amount to at least 160 days and the contract shall include all the 
children of school age in said district, said district shall be entitled 
to receive one distributive district quota; if said district maintains 
a home school and contracts for a part only of the children, it shall 
be entitled to one teacher's quota in addition to its district quota 
for not less than 12 pupils attending under such contract; but in 
no instance shall any school district receive a greater apportion - 
mient than the total expense incurred in payment of tuition and 

^Ajs amended by chapter 26$, laws of 1903. and by section i, chapter 322. laws of 1904. 



CONSOLIDATED SCHOOL LAW TO/ 

TITLE IS 

transportation of pupils as shown by the report of the trustee to 
the school commissioner. 

'§15 The board of education of any city or village, and the trus- 
tees of any school district so contracting with any other school 
district, shall report for the pupils attending such schools from 
such adjoining districts to the Superintendent of Public Instruc- 
tion, the same as though they were residents of such city, village 
or school district. 

§16 It shall be the duty of the Superintendent of Public Instruc- J^';^^;;;;[j^\^^"' 
tion to give to school commissioners such directions as may, in his ^^'jJ^^^^^'J. ^^^ • 
judgment, be required and proper in relation to the reports to be^™^^^^'' 
made by the trustees of such districts to school commissioners. 

ARTICLE 5 
Contracts with teachers 

2§ 1 7 All officers or boards of officers who shall employ any teacher contracts to 
to teach in any of the public schools of this state shall, at the time to tochers 
of such employment, make and deliver to such teacher, or cause 
to be made and delivered, a contract in writing, signed by said 
officer, or by the members of said board, or by some person duly 
authorized by said board, to represent them in the premises, in 
which the detail of the agreement between the parties, and par- 
ticularly the length of the term of employment, the amount of 
compensation and the time or times when such compensation shall 
be due and payable shall be clearly and definitely set forth. But Proviso 
nothing herein contained shall be deemed to abridge or otherwise 
affect the term of employment of any teacher now or hereafter em- 
ployed in the public schools, nor to repeal or affect any provision 
of special laws concerning the employment or removal of teachers 
now in force in any particular locality. 

§18 The pay of any teacher employed in the public schools of Pay of 
this state shall be due and payable at least as often as at the end Jhen^^due 
of each calendar month of the term of employment. 

ARTICLE 6 
Physiology and hygiene in the public schools 
^§19 The nature of alcohoHc drinks and other narcotics and Provisions for 
their effects on the human system shall be taught in connection I'mpiiT*'''" " 
with the various divisions of physiology and hygiene, as thor- 
oughly as are other branches in all schools under state control or 

'As amended by section 2, chapter 265, laTws of 1003. 
*As amended by section 20, chapter 264, laws of i8g6. 
3 As amended by section i, chapter 901, laws of 1896. 



loB 



NEW YORK STATE EDUCATION DEPARTMENT 



Minimum of 
time 



Oral instruc 
tion where 
permissible 



TITLE 15 

supported wholly or in part V)y public money of the state, and 
also in all schools connected with reformatory institutions. All 
pupils in the above mentioned schools below the second year of 
the high school and above the third year of school work com- 
puting from the beginning of the lowest primary, not kinder- 
garten year, or in corresponding classes of ungraded schools, shall 
be taught and shall study this subject every year with suitable 
textbooks in the hands of all pupils, for not less than three lessons 
a week for 10 or more weeks, or the equivalent of the same in each 
year, and must pass satisfactory tests in this as in other studies, 
before promotion to the next succeeding year's work; except that 
where there are nine or more school years below the high school, 
the study may be omitted in all years above the eighth year and 
below the high school, by such pupils as have passed the required 
tests of the eighth year. In all schools above mentioned, all 
pupils in the lowest three primary, not kindergarten, school years 
or in corresponding classes in ungraded schools shall, each year, 
be instructed in this subject orally for not less than two lessons a 
week for 10 weeks, or the equivalent of the same in each year, by 
teachers using textbooks adapted for such oral instruction as a 
guide and standard, and such pupils must pass such tests in this 
as may be required in other studies before promotion to the next 
succeeding year's work. Nothing in this act shall be construed 
as prohibiting or requiring the teaching of this subject in kinder- 
garten schools. The local school authorities shall provide needed 
facilities and definite time and place for this branch in the regular 
Duty of school courscs of study. The textbooks in the pupils' hands shall be 
graded to the capacities of fourth year, intermediate, grammar 
and high school pvipils, or to corresponding classes in ungraded 
schools. For students below high school grade, such textbooks 
shall give at least one fifth their space, and for students of high 
school grade, shall give not less than 20 pages, to the nature and 
effects of alcoholic drinks and other narcotics. This subject must 
be treated in the textbooks in connection with the various divisions 
of physiology and hygiene, and pages on this subject in a separate 
chapter at the end of the book shall not be counted in determining 
the minimum. No textbook on physiology not conforming to this 
act shall be used in the public schools, except so long as may be 
necessary to fulfill the conditions of any legal adoption existing at 
the time of the passage of this act. All Regents examinations in 
physiology and hygiene shall include a due proportion of questions 
on the nature of alcoholic drinks and other narcotics, and their 
efifects on the human system. 



authorities 



Textbook 
requirements 



CONSOLIDATED SCHOOL LAW IO9 

TITLE IS 

•§20 In all normal schools, teachers training classes and teachers Teachers to 
institutes, adequate time and attention shall be given to instruction tions 
in the best methods of teaching this branch, and no teacher shall 
be licensed who has not passed a satisfactory examination in the 
subject, and the best methods of teaching it. On satisfactory evi- 
dence that any teacher has wilfully refused to teach this subject as 
provided in this act, the State Superintendent of Public Instruc- Penalty for 

noncompliance 

tion shall revoke the license of such teacher. No public money of 
the state shall be apportioned by the State Superintendent of Pub- 
lic Instruction or paid for the benefit of any city until the super- 
intendent of schools therein shall have filed with the treasurer or 
chamberlain of such city an affidavit and with the State Superin- 
tendent of Public Intsruction a duplicate of such affidavit that he 
has made thorough investigation as to the facts, and that to the 
best of his knowledge, information and belief all the provisions of this 
act have been complied with in all the schools under his super- 
vision in such city during the last preceding legal school year; nor 
shall an}^ public money of the state be apportioned by the State 
Superintendent of Public Instruction or by school commissioners 
or paid for the benefit of any school district, until the president of 
the board of trustees, or in the case of common school districts the 
trustee or some one member of the board of trustees, shall have 
filed with the school commissioner having jurisdiction an affidavit 
that he has made thorough investigation as to the facts, and that 
to the best of his knowledge, information and belief, all the pro- 
visions of this act have been complied with in such district, which 
affidavit shall be included in the trustees' annual report, and it 
shall be the duty of every school commissioner to file with the 
State Superintendent of Public Instruction, an affidavit in connec- 
tion with his annual report showing all districts in his jurisdiction 
that have and those that have not complied with all the provisions 
of this act, according to the best of his knowledge, information and 
belief, based on a thorough investigation by him as to the facts; 
nor shall any public money of the state be apportioned or paid for 
the benefit of any teachers training class, teachers institute or other 
school mentioned herein, until the officer having jurisdiction or 
supervision thereof shall have filed with the State Superintendent 
of Public Instruction an affidavit that he has made a thorough in- 
vestigation as to the facts, and that to the best of his knowledge, 
information and belief, all the provisions of this act relative thereto 
have been complied with. JThe principal of each normal school 

^As amended by section i, chapter 901, laws of 1896. 



no 



NEW YORK STATE EDUCATION DEPARTMENT 



Title 15 



Instruction ii 
industrial or 
free-hand 
drawing 



Evening 
schools for 
free instruc- 
tion in indus- 
trial drawing 



in the state shall, at the close of each of their school years, file with 
the State Superintendent of Public Instruction an affidavit that 
all the provisions of this law, applicable thereto, have been com- 
plied with during the school year just terminated, and until such 
affidavit shall be filed no warrant shall be issued by the State 
Superintendent of Public Instruction for the payment by the 
Treasurer of any part of the money appropriated for such school. 
It shall be the duty of the State Superintendent of Public Instruc- 
tion to provide blank forms of affidavit required herein for use by 
the local school officers, and he shall include in his annual report 
a statement showing every school, city, or district which has failed 
to comply with all the provisions of this act during the preceding 
school 3^ear. On complaint by appeal to the State Superintendent 
of Public Instruction by any patron of the schools mentioned in 
the last preceding section, or by any citizen, that any provision of 
this act has not been complied with in any city or district, the 
State Superintendent of Public Instruction shall make immediate 
investigation, and on satisfactory evidence of the truth of such 
complaint, shall thereupon and thereafter withhold all public 
money of the state to which such city or district would otherwise 
be entitled, until all the provisions of this act shall be complied with 
in said city or district, and shall exercise his power of reclamation 
and deduction under section 9 of article i of title 2 of the consoli- 
dated school law. 

ARTICLE 7 

Free instruction in drawing 

§21 In each of the state normal schools the course of study 
shall embrace instruction in industrial or free-hand drawing. 
The board of education in each city in this state shall cause free 
instruction to be given in industrial or free-hand drawing in at 
least one department of the schools under their charge. The 
board of education of each union free school district shall cause 
free instruction to be given in industrial or free-hand drawing in 
the schools under their charge, unless excused therefrom by the 
Superintendent of Public Instruction. 

§22 The board of education, or other body having supervision 
of the public schools in any city or union free school district in 
this state, is hereby authorized to establish and maintain evening 
schools for free instruction in industrial drawing, whenever the 
city authorities in any city or the qualified electors duly convened 
in any union free school district shall so direct, and shall make 
provision for the maintenance of such schools. In addition to the 



CONSOLIDATED SCHOOL LAW III 

TITLE 15 

powers now conferred by law upon the authorities of any city, or Power to 
upon the electors of any union free school district in the state, therefor 
such authorities and such electors shall also have power, when- 
ever they shall think it advisable, to raise such moneys as shall 
be necessary to carry out the purposes of this act. 

ARTICLE 8 
Vocal music in public schools 
§2^ In each of the state normal schools the course of study fJ^^^ .i"^*^™^': 

" ^ -^ tion in vocal 

may embrace instruction in vocal music. The boards of education "^^^ic 
in each city, and in each union free school district incorporated 
under the laws of this state, may cause free instruction to be given 
in vocal music in the schools under their charge. The Superin- 
tendent of Public Instruction may provide instruction in vocal 
music in all teachers institutes held throughout the state. 

ARTICLE 9 
Free kindergartens 
^§24 The school authorities of any union free or common school Establishment 

. , . ^ . - . , , of free kinder- 

district, located m any county navmg less than 1,000,000 mhabi- garten in cer- 

, , . ^ . . ^ . i- 1 . -, tain localities 

tants, may establish and mamtam one or more tree kmdergarl:en 
schools The moneys for the support of such school shall be Money for 
raised in like manner as for the support of the other public schools 
of such district. No child under the age of 4 years shall be ad- Admission of 
mitted to the schools, and the local school authorities are hereby 
empowered to fix the highest age limit of children who may attend. 
All teachers employed in these schools shall be licensed in accord- Teachers 
ance with rules and regulations established by the Superintendent 
of Public Instruction, and shall each share in the distribution of 
district quotas. The attendance of children under the age of 5 Report of 
years who may be enrolled in the schools shall be reported sepa- 
rately and shall be counted in the distribution of public money. 

ARTICLE 10 
Industrial training in the public schools 
§25 Boards or departments of education of cities and villages, industrial 
and of union free schools and trustees of public school districts , departments 
are hereby authorized and empowered to establish and maintain ^"^^"""^^^^^^ 
a department or departments in the schools under their charge 
for industrial training and for teaching and illustrating the manual 



'As amended by section 21, chapter 246, laws of 1896. 



112 NEW YORK STATE EDUCATION DEPARTMENT 

TITLE 15 

or industrial arts, and the principles underlying the same; and for 

Purchase of that purpose they are respectively authorized to purchase and use 

employment such material and apparatus, and to establish and maintain such 

etc. ' shops, and to employ such instructor or instructors, in addition to 

the other teachers in said schools, as in their judgment shall be 

deemed necessary or proper whenever the authorities or electors 

respectively now authorized by law to raise money by taxation 

for school purposes, shall make provision for the maintenance of 

such departments. 

Tax for estab- ^26 All authorities and electors, respectively, now authorized 

lishment and " ' j. y » 

"f^de^artment ^^' ^^^ ^° l^^J and raisc taxes for school purposes, are hereby 
authorized to levy and raise by taxation, in addition to any amount 
or amounts which they are now, respectively, in any city, village 
or district, authorized by law to raise for school purposes, and in 
the same manner, and at a regular or special meeting, the neces- 
sary funds to establish and maintain such industrial departments 
as aforesaid. 
Industrial §27 The statc normal and training schools which are or here- 

normal schools after may be established in this state, hereby are and shall be 
required to include in their courses of instruction the principles 
underlying the manual or industrial arts, and also the practical 
training in the same, to such an extent as the Superintendent of 
Public Instruction may prescribe, and to such further extent as 
the local boards, respectively, of said normal and training schools 
may prescribe. 

ARTICLE II 

Schools for colored children 

Colored schools ^§28 The school authorities of any city or incorporated village, 

vufagel ^"^ the schools of which are or shall be organized under title 8 of this 

act, or under special act, may, when they shall deem it expedient, 

establish a separate school or separate schools for the instruction 

of children and youth of African descent, resident therein, and 

How sup- over 5 and under 21 years of age; and such school or schools shall 

ported, etc. ., . , ... , 

be supported m the same manner and to the same extent as the 
school or schools supported therein for white children, and they 
shall be subject to the same rules and regulations, and be fur- 
nished with facilities for instruction equal to those furnished to 
the white schools therein. 
)arate §29 The trustccs of any union school district, or of any school 

lOoJ 

union 



^'°° districts district organized under a special act, may, when the inhabitants 



^Section 28 of article 11 repealed by section 2, chapter 492, laws of 1900. Such repeal to 
take effect Sep. i, 1900. See p. 185. 



CONSOLIDATED SCHOOL LAW 113' 

TITI.R 15 

of any district shall so determine, by resolution, at any annual 
meeting, or at a special meeting called for that purpose, establish 
a separate school or separate schools for the instruction of such 
colored children resident therein, and such schools shall be supported 
in the same manner and receive the same care, and be furnished 
with the same facilities for invStruction, as the white schools therein, 

§30 No person shall be employed to teach any of such schools ^^'^jjj^^^^^^'^"^ 
who shall not, at the time of such employment, be legally qualified. 

§31 The colored schools in the city of New York, now existing Coio^ed_^ 
and in operation, shall hereafter be classed and known and be con-^^^^ '^•''"'"' "^^^^ 
tinued as ward schools, and primaries, with their present teachers, 
unless such teachers are removed in the manner provided by law, 
and such schools shall be under the control and management of Control an<i 

^ . ^ . ^ ^ management 

the school orncers of the respective wards m which they are located 
in the same manner and to the same extent as other ward schools, 
and shall be open for the education of pupils for whom admission 
is sought, without regard to race or color. 

, ARTICLE 12 

Orphan schools 
^22 The schools of the several incorporated orphan asylum Participation 

..... ' , 1 . 1 . r ^r ^r , i" distribution 

societies m this state, other than those m the city of New York, of public 
shall participate in the distribution of the school moneys, in the 
same manner and to the same extent, in proportion to the num- 
ber of children educated therein, as the common schools in their Rules and 

regulations 

respective cities or districts. The schools of said societies shall 
be subject to the rules and regulations of the common schools in 
such cities or districts, but shall remain under the immediate 
management and direction of the said societies as heretofore. 

ARTICLE 13 

Indian schools 
§33 The Superintendent of Public Instruction shall be chargedD^ty of Supor- 
with providing the means of education for all the Indian children Public 

TT 1 11 • -I 1 Instruction 

m the state. He shall cause to be ascertained the condition of the 
various bands in the state in respect to education ; he shall establish 
schools in such places, and of such character and description as he 
shall deem necessary; he shall employ superintendents for such 
schools, and shall, with the concurrence of the Comptroller and Sec- 
retary of State, cause to be erected, where necessarv, convenient 
buildings for their accommodation. 



H 



NEW YORK STATE EDUCATION DEPARTMENT 



Cooperation 
(if Indians 



Protection of 
Indian title 
to lands 



Children 
entitled to 

<lra\v money 



Enumeration 
of children 



Annual 
appropriation 



Vouchers and 
receipts for 
c.Kpenditures 



Report to 
Legislature 



Apportion- 
ment of state 
srliool moneys 



§34 In the discharge of the duties imposed by this act, the said 
Superintendent shall endeavor to secure the cooperation of all the 
everal bands of Indians, and for this purpose, shall visit, by him- 
self or his authorized representative, all the reservations where they 
reside, lay the matter before them in public assembly, inviting them 
to assist either by appropriating their public moneys to this object, 
or by setting apart lands and erecting suitable buildings, or by fur- 
nishing labor or materials for such buildings, or in any other way 
which he or they may suggest as most effectual for the promotion 
of this object. 

§35 In any contract which may be entered into with said In- 
dians, for the use or occupancy of any land for school grounds, sites 
or buildings, care shall be taken to protect the title of the Indians 
to their lands, and to reserve to the state the right to remove or 
otherwise dispose of all improvements made at the expense of the 
state. 

§36 The Indian children in the state, between the ages of 4 and 
21 years, shall be entitled to draw public money the same as white 
children. The Superintendent shall cause an annual enumera- 
tion of said Indian children to be made, and shall see that the pub- 
lic money, to which they are ratably entitled, is devoted exclu- 
sively to their education. 

§37 To carry into effect the provisions of this title the Legisla- 
ture shall annually appropriate the sum of $6000 out of the reve- 
nues of the common school fund, to be paid by the Treasurer, on 
the warrant of the Comptroller, from time to time, to the order of 
the Superintendent of Public Instruction. 

§38 The Superintendent shall take and file in his office, vouch- 
ers and receipts for all the expenditures made under this act, subject 
to the inspection of the joint committee to examine the accounts 
of the auditor and treasurer; and shall annually report to the Legis- 
lature all his doings, by virtue of the authority vested in him; and 
for this purpose said Superintendent may require full and detailed 
reports in such form as he may prescribe, from those having the 
immediate supervision of any Indian schools in this state. 

§39 For the supxjort of the Indian schools, already established 
and which may be established, the Superintendent of Public In- 
struction, in his annual general apportionment of the state school 
moneys appropriated for the support of common schools, shall make 
an equitable apportionment, as provided by section 5 of title 2 of 
this act; and the- moneys which shall be thus apportioned shall be 
paid out of the treasury upon the warrant of the Superintendent, 
countersigned by the Comptroller. 



CONSOLIDATED SCHOOL LAW II5 

TITLE 15 

ARTICLE 14 
Deaf and dumb and blind institutions 
§40 All the institutions for the instruction of the deaf and dumb, Visitation of 

"^ ^ institutions by 

and blind, and all other similar institutions, incorporated under Supenntendent 

of Pvibhc 

the laws of the state, or that may be hereafter incorporated, shall instruction 
be subject to the visitation of the Superintendent of Public In- 
struction, and it shall be his duty: 

1 To inquire, from time to time, into the expenditures of each Duties of 
institution, and the systems of instruction pursued therein, respec- intendent 
tively. 

2 To visit and inspect, or cause to be visited and inspected, the 
schools belonging thereto, and the lodgings and accommodations 
of the pupils. 

3 To ascertain by a comparison with other similar institutions, 
whether any improvements in instruction and discipline can be 
made; and for that purpose to appoint, from time to time, suitable 
persons to visit the schools. 

4 To suggest to the directors of such institutions and to the 
Legislature such improvements as he shall judge expedient. 

5 To make an annual report to the Legislature on all the matters Annual report 

. . p 1 to Legislature 

before enumerated, and particularly as to the condition of the 
schools, the improvement of the pupils, and their treatment in 
respect to board and lodging. 

i§4i All deaf and dumb persons resident in this state and up- 
wards of 12 years of age, who shall have been resident in this state 
for one year immediately preceding the application, or, if a minor, 
whose parent or parents, or, if an orphan, whose nearest friend 
shall have been resident in this state for one year immediately pre- 
ceding the application, shall be eligible to appointments as state 
pupils in one of the deaf and dumb institutions of this state, au- 
thorized by law to receive such pupils ; and all blind persons of suit- 
able age and similar qualifications shall be eligible to appointment 
to the institution for the blind in the city of New York, or in the 
village of Batavia, as follows: All such as are residents of the coun- 
ties of New York, Kings, Queens, Suffolk, Nassau, Richmond, West- 
chester, Putnam and Rockland, shall be sent to the institution for 
the blind in the city of New York. Those who reside in other 
counties of the state shall be sent to the institution for the blind 
in the village of Batavia. All such appointments, with the excep- 
tion of those to the institution for the blind in the village of Ba- 

lAs amended by chapter 62, laws of 1903. 



Il6 NEW YORK STATE EDUCATION DEPARTMENT 

TITLE 15 

tavia, shall be made by the Superintendent of Public Instruction, 
upon application, and in those cases in which, in his opinion, the 
parents or guardians of the applicants are able to bear a portion 
of the expense, he may impose conditions whereby some propor- 
tionate share of expense of educating and clothing such pupils shall 
be paid by their parents, guardians or friends in such manner and 
at such times as the Superintendent shall designate, which condi- 
tions he may modify from time to time, if he shall deem it expe- 
dient to do so. 

State pupils, §42 Each pupil so received into either of the institutions afore- 

said shall be provided with board, lodging and tuition; and the 
directors of the institution shall receive for each pupil so provided 
for, the sum of per annum, in quarterly payments, to 

be paid by the Treasurer of the State, on the warrant of the Comp- 
troller, to the treasurer of said institution, on his presenting a bill 
showing the actual time and number of such pupils attending the 
institution, and which bill shall be signed by the president and 

Term of sccrctary of the institution, and verified by their oaths. The regu- 

instructinn |^^ tcrm of instructiou for such pupils shall be five years; but the 
Superintendent of Public Instruction may, in his discretion, ex- 
tend the term of any pupil for a period not exceeding three years. 
The pupils provided for in this and the preceding section of this 
title shall be designated state pupils; and all the existing provi- 
sions of law applicable to state pupils now in said institutions shall 
apply to pupils herein provided for. 

Regulations as §43 The Superintendent of Public Instruction may make such 

to admission . . ^^.. ^ ^. 

of pupils regulations and give such directions to parents and guardians, m 

relation to the admission of pupils into either of the above named 
institutions, as will prevent pupils entering the same at irregular 
periods. 

§43 a The supervisors of any county in this state from which 
county state pupils may be hereafter appointed to any institution 
for the instruction of the deaf and dumb, whose parents or guard- 
ians are unable to furnish them with suitable clothing, are hereby 
authorized and required to raise in each year for this purpose for 
each such pupil from said county, the sum of $30. 

ARTICLE 15 

Arbor day 

§44 The Friday following the first day of May in each year shall 
be known throughout this state as arbor day. 



CONSOLIDATED SCHOOL LAW II7 

TITLE 15 

§45 It shall be the duty of the authorities of every public school Duty of school 
in this state to assemble the scholars in their charge on that day 
in the school building, or elsewhere, as they may deem proper, and 
to provide for and conduct, under the general supervision of the 
city superintendent or the school commissioner, or other chief offi- 
cers having the general oversight of the public schools in each city 
or district, such exercises as shall tend to encourage the planting, 
protection and preservation of trees and shrubs, and an acquain- 
tance with the best methods to be adopted to accomplish such 
results. 

§46 The State Superintendent of Public Instruction shall have Course of 
power to prescribe from time to time a course of exercises and in- instruction 
struction in the subjects hereinbefore mentioned, which shall be 
adopted and observed by the public school authorities on arbor 
day, and upon receipt of copies of such course, sufficient in number 
to supply all the schools under their supervision, the school com- Distribution 

1 r • 1 1 11 • 1 °f copies 

missioner or city superintendent aforesaid shall promptly provide 
each of the schools under his or their charge with a copy, and cause 
it to be observed. 

§47 The Legislature shall annually make an appropriation for Annual 

. .... . appropriation 

carrying out the provisions oi this act, upon the recommendation 
of the Superintendent of Public Instruction. 

ARTICLE 16 

Miscellaneous 

§48 The Superintendent of Public Instruction, so soon as mayj^ . .^ 
be after the passage of this act, shall cause to be prepared under of school law 
his supervision and to be printed, an edition of this statute, with 
brief annotations embodying such of the decisions of the courts of 
the state, and of the superintendents of public instruction as are 
applicable thereto, and such comments, explanations and instruc- 
tions as he shall deem necessary or expedient, and to furnish to 
each of the school districts of the state one copy thereof, and the 
same shall be deposited with the trustee or trustees, and kept by 
him or them for the use of the inhabitants, as provided in article 
3 of this title. 

§49 All provisions of law repugnant to or inconsistent with thcg^^.^^ ^.j^^^^^ 
provisions of this act are hereby repealed, saving always all rights 
of action vested under such prior provisions, and proceedings com- 
menced for the assertion thereof; but nothing herein contained, 
unless it be so expressed, shall be construed, unless by inevitable 



Il8 NEW YORK STATE EDUCATION DEPARTMENT 

TITLE 15 

implication, to revive any act or portion of an act heretofore re- 
pealed ; nor to impair or in any manner affect or change any special 
law touching the schools or school system of any city or incorpor- 
ated village of the state, unless the same is so stated in this act. 

Laws repealed §50 Of the laws enumerated in the schedule hereto annexed, 
that portion specified in the last column is repealed. Such repeal 
shall not revive a law repealed by any law hereby repealed, but 
shall include all laws amendatory of the laws hereby repealed. 

^§51 Each school commissioner in respect to the territory within 
his district shall have the power, with the approval of the State 
Superintendent of Public Instruction, to set off by itself any neigh- 
borhood adjoining any other state of the Union, where it shall be 
found most convenient for the inhabitants to send their children 
to a school in such adjoining state, and to deliver to the town clerk 
of the town in which it lies, in whole or in part, a description of 
each such separate neighborhood. He shall also prepare a notice, 
describing such neighborhood, and appointing a time and place for 
the first neighborhood meeting, and deliver such notice to a taxable 
inhabitant of such neighborhood. It shall be the duty of such in- 
habitant to notify every other inhabitant of the neighborhood, 
qualified to vote at the meeting, by reading the notice in his hear- 
ing, or, in case of his absence from home, by leaving a copy thereof, 
or so much thereof as relates to the time, place and object of the 
meeting, at the place of his abode, at least six days before the time 
of the meeting. In case such meeting shall not be held, and in the 
opinion of the commissioner it shall be necessary to hold such meet- 
ing before the time herein fixed for the first annual meeting, he 
shall deliver another such notice to a taxable inhabitant of the 
neighborhood, who shall serve it as hereinbefore provided. 

Annual ^§52 The annual meeting of each neighborhood shall be held on 

meeting of . " 

neighborhood the nrst lucsday of August m each year, at the hour and place 
fixed by the last previous neighborhood meeting; or, if such hour 
and place has not been so fixed, then at the hour and place of such 
last meeting; or, if such place be no longer accessible, then at such 
other place as the trustee, or, if there be no trustee, the clerk, shall 
in the notices designate. The proceedings of no neighborhood 
meeting, annual or special, shall be held illegal for want of a due 
notice to all the persons qualified to vote thereat, unless it shall ap- 
pear that the omission to give such notice was wilful and fraudu- 
lent. The inhabitants of any neighborhood, entitled to vote, when 
assembled in any annual meeting or any special meeting called by 

^As amended by section 2, chapter 293, laws of 1897. 



CONSOLIDATED SCHOOL LAW II9 

TITLE IS 

the commissioner as above provided, shall have power, by a ma- 
jority vote of those present, to appoint a chairman for the time 
being, and to choose a neighborhood clerk and one trustee, and to 
fill vacancies in office. The provisions of sections lo, ii, 12 and 13 
of article i of title 7 of this act, shall apply to and govern such 
meeting, so far as the same can in substance be applied to the pro- 
ceedings ; and the provisions of sections 22, 23, 24, 25, 27, 29, 30, 
31 and 32 of title 7 of this act shall apply to and govern the officers 
of such neighborhood, so far as the same can in substance be ap- 
plied thereto. 

^§53 The neighborhood clerk shall keep a record of the proceed- Record of 
ings of his neighborhood, and of the reports of the trustees, and by clerk 
deliver the same to his successor. In case such neighborhood shall 
be annexed to a district within this state its records shall be filed 
in the office of the clerk of such district. The trustee shall, be- Report of 

Trustee 

tween the 25th day of July and the first day of August in every 
year, make his annual report to the school commissioner, and file 
it in the office of the clerk of the town of which the neighborhood 
is a part. Such report shall specify the whole amount of public 
moneys received during the year and from what public officer, and 
the manner in which it was expended; the whole number of such 
children as can be included in the district trustees' report residing 
in the neighborhood on the 30th day of June prior to the making 
of such report; and any other matters which the Superintendent 
of Public Instruction may require. 

^§54 The Superintendent of Public Instruction shall apportion Apportionment 
to each separate neighborhood which shall have duly reported. Superintendent 
such fixed sum as will, in his opinion, be equitably equivalent to 
its portion of all the state school moneys upon the basis of distri- 
bution established by this act ; such sum to be payable out of the 
contingent fund hereinbefore established. The school commis- 
sioner or commisi-ioners shall set apart and credit from the state 
and other school moneys apportioned to each separate neighbor- 
hood the amount apportioned to it by the State Superintendent. 
The amount so apportioned shall be set apart to the town in which 
such neighborhood is situated, and the commissioner or commis- 
sioners shall certify the same to the supervisor thereof; and the 
same shall be paid over to the supervisor for distribution by him 
as a part of the school moneys of the town in the manner provided 
by article 2 of title 2 of this act. It shall be the duty of such super- 
visor to disburse said moneys upon the order of the trustee of such 

'As amended by section. 2, chapter 293, laws of 1897. 



I20 



NEW YORK STATE EDUCATION DEPARTMENT 



neighborhood in favor of any teacher of a school in an adjoining 
state, recognized by him and patronized by the inhabitants of such 
neighborhood; and to include a statement thereof in the account 
required by this act to be made by him of the school moneys re- 
ceived by him and the disbursement thereof. 



Definitions 



Attendance 
required 



TITLE XVI 

Compulsory education law 

§ I Short title. This chapter shall be known as the compulsory 
education law. 

§2 Definitions. When used in this act, the term school authori- 
ties means the trustees or board of education or corresponding 
officers, whether one or more, and by whatever name known, of 
a city, union free school district, common school district, or school 
district created by special law; the term persons in parental rela- 
tion to a child, includes the parents, guardians or other persons, 
whether one or more, lawfully having the care, custody or con- 
trol of such child. A child under i6 years of age required by the 
persons in parental relation to such a child, to attend upon lawful 
instruction at a school or elsewhere, upon which such child is 
entitled to attend, is lawfully required to attend such school. A 
child between 8 and i6 years of age, who is required by law to 
attend upon instruction, and is required by the persons in parental 
relation to such child, to attend upon lawful instruction at school 
or elsewhere, upon which such child is entitled to attend, is law- 
fully required to attend upon such instruction, and if not required 
by the persons in parental relation to such child to attend upon 
any instruction, is lawfully required to attend a public school. 

i§3 Required attendance upon instruction. Every child be- 
tween 8 and i6 years of age, in proper physical and mental con- 
dition to attend school, shall regularly attend upon instruction 
at a school in which at least six common school branches of read- 
ing, spelling, writing, arithmetic, English grammar and geography 
are taught, or upon equivalent instruction by a competent teacher 
elsewhere than at school, as follows: every such child between 14 
and t6 years of age, not regularly and lawfully engaged in any 
useful employment or ^service, and every such child between 8 and 
14 years of age, shall so attend upon instruction as many days 
annually, during the period between the first days of October and 
the following June, as the public school of the district or citv in 
which such child resides, shall be in session during the same period. 

^As amended by section i, chapter 606. laws of 1896s and bv section 21, chapter 459, laws of 
1903. 



CONSOLIDATED SCHOOL LAW 121 

TITLE l6 

Every boy between 14 and 16 years of age, who is engaged in any 
useful employment or service in a city of the first class or a city of 
the second class and who has not completed such course of study 
as is required for graduation from the elementary public schools 
of wsuch city, and who does not hold either a certificate of gradua- 
tion from the public elementary school or the preacademic cer- 
tificate issued by the Regents of the University of the State of 
New York or the certificate of the completion of an elementary 
school issued by the Department of Public Instruction, 
shall attend the public evening schools of such city, 
or other evening schools offering an equivalent course of instruc- 
tion, for not less than six hours each week, for a period of not less 
than 16 weeks in each school year or calendar year. If any such 
child shall so attend upon instruction elsewhere than at a public 
school, such instruction shall be at least substantially equivalent 
to the instruction given to children of like age at the public school 
of the city or district in which such child resides ; and such attend- 
ance shall be for at least as many hours of each day thereof as are 
required of children of like age at public schools; and no greater 
total amount of holidays and vacations shall be deducted from such 
attendance during the period such attendance is required than is 
allowed in such public school to children of like age. Occasional 
absences from such attendance, not amounting to irregular attend- 
ance in the fair meaning of the term, shall be allowed upon such 
excuses only as would be allowed in like cases by the general rules 
and practice of such public school. 

^§4 Duties of persons in parental relation to children. Every Duties of 
person in parental relation to a child between 8 and 16 years of parental 
age, in proper physical and mental condition to attend school, 
shall cause such child to so attend upon instruction, or shall pre- 
sent to the school authorities of his city or district proof by affi- 
davit that he is unable to compel such child to so attend. A 
violation of this section shall be a misdemeanor, punishable for 
the first offense by a fine not exceeding $5, and for each subse^ 
quent offense by a fine not exceeding $50 or by imprisonment 
not exceeding 30 days, or by both such fine and imprisonment. 
Courts of special sessions and police magistrates shall, subject 
to removal as provided in sections 57 and 58 of the Code of Crim- 
inal Procedure, have exclusive jurisdiction in the first instance 
to hear, try and determine charges of violations of this section 
within their respective jurisdictions. 

'As amended by section 2. chapter 6g6, laws of 1896, and by section 3, chapter 459, laws of 
1903. 



122 



NEW YORK STATE EDUCATION DEPARTMENl' 



TITLE I 6 



'§5 Persons employing children unlawfully to be fined. It 

shall be unlawful for any person, firm or corporation to employ 
any child under 14 years of age, in any business or service what- 
ever, during any part of the term during which the public schools 
of the district in which the child resides are in session ; or to employ 
any child between 14 and 16 years of age who does not, at the time 
of such employment, present a certificate signed by the superin- 
tendent of schools or by the principal or the principal teacher 
of the city or district in which the child resides or by the principal 
or the principal teacher of the school where the child has attended 
or is attending, or by such other officer as the school authorities 
may designate, certifying that such child during the 12 months 
next preceding his 14th birthday or during the 12 months next 
preceding his application for such certificate, has attended for not 
less than 130 days the public schools, or schools having an ele- 
mentary course equivalent thereto, in such city or district, and 
that such child can read and write easy English prose and is familiar 
with the fundamental operations of arithmetic; or to employ, in a 
city of the first class or a city of the second class, any child be- 
tween 14 and 16 years of age who has not completed such course 
of study as the public elementary schools of such city require 
for graduation from such schools and who does not hold either 
a certificate of graduation from the public elementary school or 
the preacademic certificate issued by the Regents of the Uni- 
versity of the State of New York or the certificate of the com- 
pletion of an elementary school issued by the Department 
of Public Instruction unless the employer of such child, 
if a boy, shall keep and shall display in the place where 
such child is employed and shall show whenever so requested by 
any attendance officer, factory inspector, or representative of the 
police department, a certificate signed by the school authorities 
or such school officers in said city as said school authorities shall 
designate, which school authorities, or officers designated by them, 
are hereby required to issue such certificates to those entitled to 
them not less frequently than once in each month during which 
said evening school is in session and at the close of the session of 
said evening school, stating that said child has been in attendance 
upon said evening school for not less than six hours each week for 
such number of weeks as will, when taken in connection with the 
number of weeks such evening school will be in session during the 



lAs amended by section 4, chapter 459, laws of 1903, and section i, chapter 280, laws of 
190S 



CONSOr.IDATED SCHOOL LAW I2;5 

TITLE l6 

remainder of the current or calendar year, make up a total attend- 
ance on the part of said child in said evening school of not less 
than six hours per week for a period of not less than i6 weeks, and 
any person who shall employ any child contrary to the provisions 
of this section or who shall fail to keep and display certificates as 
to the attendance of employees in evening schools when such 
attendance is required by law shall, for each offense, forfeit and 
pay to the treasurer of the city or village, or to the supervisor of 
the town in which such child resides, a penalty of $50, the same, 
when paid, to be added to the public school moneys of the city, 
village or district in which such child resides. 

§6 Teachers records of attendance. An accurate record of the Record of 

attendance 

attendance of all children between 8 and 16 years of age shall be 
kept by the teacher of every school, showing each day by the 
year, month, day of the month and day of the week, such attend- 
ance, and the number of hours in each day thereof; and each 
teacher upon whose instruction any such child shall attend else- 
where than at school, shall keep a like record of such attendance. 
Such records shall, at all times, be open to the attendance officers 
or other persons duly authorized by the school authorities of the 
city or district, who may inspect or copy the same; and every 
such teacher shall fully answer all inquiries lawfully made by 
such authorities, inspectors or other persons, and a wilful neglect 
or refusal so to answer any such inquiry shall be a misdemeanor. 

^§7 Attendance officers. The school authorities of each city, Attendance 
union free school district, or common school district whose limits 
include in whole or in part an incorporated village, shall appoint 
and may remove at pleasure one or more attendance officers of 
such city or district, and shall fix their compensation and may 
prescribe their duties not inconsistent with this act, and make 
rules and regulations for the performance thereof; and the super- 
intendent of schools shall supervise the enforcement of this act 
within such city or school district ; and the town board of each town 
shall appoint, subject to the written approval of the school com- 
missioner of the district, one or more attendance officers, whose 
jurisdiction shall extend over all school districts in said town, and 
which are not by this section otherwise provided for, and shall 
fix their compensation, which shall be a town charge; and such 
attendance officers, appointed by said board, shall be removable 
at the pleasure of the school commissioner in whose commissioner's 
district such town is situated. 



1 As amended by section 3, chapter 606 laws of 1806, and section 2, chapter 280, laws of 
t905. 



124 



NEW YORK STATE EDUCATION DEPARTMENT 



Arrest of 
truants 



'§8 Arrest of truants. The attendance officer may arrest with- 
out warrant any child between 8 and i6 years of age found from 
his home, and who then is a truant from instruction upon which 
he is lawfully required to attend within the city or district of 
such attendance officer. He shall forthwith deliver the child so 
arrested either to the custody of a person in parental relation 
to the child, or of a teacher from whom such child is then a truant, 
or, in case of habitual and incorrigible truants, shall bring them 
before a police magistrate for commitment by him to- a truant 
school as provided for in the next section. The attendance officer 
shall promptly report such arrest, and the disposition made by 
him of such child to the school authorities of the said city, village 
or district where such child is lawfully required to attend upon 
instruction or to such person as they may direct. A truant officer 
in the performance of his duties may enter, during business hours, 
any factory, mercantile or other establishment within the city or 
school district in which he is appointed and shall be entitled to 
examine employment certificates or registry of children employed 
therein on demand. Any person interfering with an attendance 
officer in the lawful discharge of his duties and any person owning 
or operating a factory, mercantile or other establishment who 
shall refuse on demand to exhibit to such attendance officer the 
registry of children employed or the employment certificate of 
such children shall be guilty of a misdemeanor, 

'§9 Truant schools. The school authorities of any city or 
school district may establish schools, or set apart separate rooms 
in public school buildings, for children between 8 and i6 years 
of age, who are habitual truants from instruction upon which 
they are lawfully required to attend, or who are insubordinate or 
disorderly during their attendance upon such instruction, or irregu- 
lar in such attendance. Such school or room shall be known as 
a truant school ; but no person convicted of crimes or misdemeanors, 
other than truancy, shall be committed thereto. Such authorities 
may provide for the confinement, maintenance and instruction 
of such children in such schools; and they, or the superintend- 
ent of schools in any city or school district, may, after reasonable 
notice to such child and the persons in parental relation to 
such child, and an opportunity for them to be heard, and with 
the consent in writing of the persons in parental relation to such 

^As amended by section 4, chapter 6o6, laws of 1896, and section i, chapter 311, laws of 

^As amended by section 5, chapter 606, laws of 1896, section 8, chapter 459, laws of 1903, 
and section 3, chapter 280, laws of 1905. 



CONSOLIDATED SCHOOL LAW 1^5 

TITLE I^l 

child, order such child to attend such school, or to be confined and 
maintained therein, under such rules and regulations as such 
authorities may prescribe, for a period not exceeding two years; 
but in no case shall a child be so confined after he is i6 years of 
age. Such authorities may order such a child to be confined and 
maintained during such period in any private school, orphans 
home or similar institution controlled by persons of the same 
religious faith as the persons in parental relation to such child, 
and which is willing and able to receive, confine and maintain such 
child, upon such terms as to compensation as may be agreed upon 
between such authorities and such private school, orphans home 
or similar institution. If the persons in parental relation to such 
child shall not consent to either such order, such conduct of the 
child shall be deemed disorderly conduct, and the child may be 
proceeded against as a disorderly person, and upon conviction 
thereof, if the child was lawfully required to attend a pubHc school, 
the child shall be sentenced to be confined and maintained in such 
truant school for a period not exceeding two years ; or if such child 
was lawfully required to attend upon instruction otherwise than at 
a public school, the child may be sentenced to be confined and 
maintained for a period not exceeding two years in such private 
school, orphans home or other similar institution, if there be one, 
controlled by persons of the same religious faith as the persons 
in parental relation to such child, which is willing and able to 
receive, confine and maintain such child for a reasonable compensa- 
tion. Such confinement shall be conducted with a view to the 
improvement and to the restoration, as soon as practicable, of 
such child to the institution elsewhere, upon which he may be 
lawfully required to attend. The authorities committing any such 
child, and in cities and villages the superintendent of schools 
therein, shall have authority, in their discretion, to parole at any 
time any truant so committed by them. Every child suspended 
from attendance upon instruction by the authorities in charge of 
furnishing such instruction, for more than one week, shall be re- 
quired to attend such truant school during the period of such 
suspension. The school authorities of any city or school district, 
not having a truant school, may contract with any other city or 
district having a truant school, for the confinement, maintenance 
and instruction therein of children whom such school authorities 
might require to attend a truant school, if there were one in their 
own city or district. Industrial training shall be furnished in 
every such truant school. The expense attending the commit- 



126 



NEW YORK STATE EDUCATION DEPARTMENT 



Title i6 



ment and cost of maintenance of an}^ truant residing in any city, 
village or district, employing a superintendent of schools shall 
be a charge against such city, village or district, and in all other 
cases shall be a county charge. 

i§io Witholding the state moneys by Commissioner of Edu- 
cation. The Commissioner of Education may withhold one half 
of all public school moneys from any city or district, which, in his 
judgment, wilfully omits and refuses to enforce the provisions of 
this act, after due notice, so often and so long as such wilful omis- 
sion and refusal shall, in his judgment continue. If the provisions 
of this act are complied with at any time within one year from 
the date on which said moneys were withheld, the moneys so with- 
held shall be paid over by said Commissioner of Education to such 
district or city, otherwise forfeited to the state. The said Com- 
missioner of Education is hereby authorized and empowered to 
employ such assistants as he may deem necessary to properly carry 
this act into effect. He may remove such assistants from time to 
time and appoint their successors. He shall fix their salaries and 
under his direction such assistants shall investigate the extent to 
which this act is complied with in the cities and school districts 
of the state, and make such reports, and perform such other duties 
as the said Commissioner shall determine. Such assistants shall 
be paid, in addition to their salaries, their necessary traveling and 
other expenses incurred in the discharge of their official duties, to 
be audited by the Commissioner of Education. 

^§11 Chapter 421 of the laws of 1874 is hereby repealed. 

§12 This act shall take effect Jan. i, 1895. 

§13 This chapter shall be known as title 16 of the "Consolidated 
school law." 

[Chapter 988, laws of 1895, signed June 11, 1895, chapter 606, 
laws of 1896, signed May 13, 1896, chapter 459, laws of 1903, signed 
May 7, 1903, chapter 280, laws of 1905, signed Ap. 22, 1905, and 
chapter 311, laws of 1905, signed Ap. 22, 1905, each took effect 
immediately.] 



Laws of 
1850.. 
1856., 
1856. 



Schedule of laws repealed 

Chapter Section 

261 All 

71 All 

179 All 



^As amended by section i, chapter 988, laws of 1895, and section 4, chapter 280, laws of 
1905. 

2As amended by chapter 606, laws of 1896. 



COKSOLlDxVTED SCHOOL LAW 12/ 

Schedule of laws repealed (continued) 

Laws oi Chapter Section 



1864 555 



1877 219 

1877 413 

1878 173 

1878 174 



1878 248 

1879. ■• ■ • 134 



1879 405 



1882 II 



All 



1865 585 Section 

1865 647 All 

1866 78 All 

180O 800 All 

1807 84 All 

1867 406., All 

1867 819 All 

1871 329 All 

1871.. 359 



All 

1871 746 All 

1874.. 421 All 

1874 514 All 

1875 322 All 

1875 ^ . . 567^ All 

1877 161 All 

All 

All 

All 



All 

All 

All 

264 All 



i»79 

1879. . . . , 396 All 



All 



1880 9- • • All 

1880 = 27. . .' All 

1880 210 All 

1880 .' 527 All 

All 



1881 492 • • • • • 

1881 528 All 

1881. ,. 632 All 

All 



1882 381 All 

1883 75 AH 

1883 172 All 

1883 250 All 

1883.. 294 All 

1883... » .. . 4^4 All 



128 



NEW YORK STATE EDUCATION DEPARTMENT 



Schedule of laws repealed (continued) 



Laws of 



I( 

li 

1884 

1884 

1884 

1884 

1885 

1886, 

1886, 

1886. 

1886. 

1886. 

1886. 

1887. 

1887. 

1887. 

1887. 

1887. 

1887. 

1887. 

1887. 

1888. 

1888. 

1888. 

1888. 

1888. 

1888. 

Il 

I 

I 

I 

1890. 

1890, 

1890, 

1890. 

1890, 

1890. 

1890. 

1890, 



Chapter 

49. 

89. 
179. 
248. 

413- 
340. 
199. 
292 . 

591- 
595- 
615- 
655- 
291 . 

333- 
334- 
335- 
538. 
540. 
592. 
672 . 
27. 
196 . 
209. 
33^- 
334- 

533- 
90. 

245- 
328. 

333- 
73- 
74- 

170. 

175- 
431- 
524- 
526. 

534- 



Section 

All 

All 

All 

All 

All 

All 

All, 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 



except § 12 



CONSOLIDATED SCHOOL LAW I29 

Schedule of laws repealed (concluded) 

Laws u£ Chapter Section 

1890 548 All 

1892 573 All, except § 9, 

10, II and 12 
1893 484 All 

1893 485 All 

1893 500 All 

1893 636 All 

1894 127 All 

1894 229 All 



THE RULES OF PRACTICE 



RELATING TO 



APPEALS TO THE COMMISSIONER OF EDUCATION 



APPEALS— RULES OF PRACTICE 

Pursuant to the authority conferred by the laws of 1894, chapter 
556, title 14, section 2, the Commissioner of Education has estab- 
lished the following amended rules to regulate the practice in ap- 
peals : 

1 An appeal must be in writing, addressed "To the Commissioner 
of Education," stating the grounds upon which it is taken, and 
signed by the appellant or appellants. The appeal must be veri- 
fied by the oath of the appellant or appellants. When the appeal 
is made by the trustees of a district, it must be signed by all the 
trustees, or a reason must be given for the omission of any, veri- 
fied by the oath of the appellant or of some person acquainted with 
such reason. 

2 A copy of the appeal, and of all the statements, maps and 
papers intended to be presented in support of it, with the affidavit 
in verification of the same, must be served on the officer or officers 
whose act or decision is complained of, or some of them ; or if it be 
from the decision or proceeding of a district meeting, upon the dis- 
trict clerk or one of the trustees, whose duty it is to cause informa- 
tion of such appeal to be given to the inhabitants who voted for 
the decision. 

3 Such service must be made by delivering a copy of the appeal 
to the party to be served personally, or, in case he can not be 
found in the commissioner district in which he resides, after due 
diligence, by delivering and leaving the same at his residence, with 
some person of suitable age and discretion, between 6 o'clock in 
the morning and 9 o'clock in the evening. 

4 Immediately after the service of such copy the original, to- 
gether with an affidavit proving the service of a copy thereof and 
stating the time and manner of the service and the name and 
official character of the person upon whom such service was made, 
must be transmitted to the Education Department at Albany. 

5 Such original appeal and all papers, etc., annexed thereto, 
with proof of service of copies, as required by rules 3 and 4, must 
be sent to the Education Department within 30 days after the 
making of the decision or the performance of the act complained 
of or within that time after the knowledge of the cause of com- 
plaint came to the appellant, or some satisfactory excuse must be 
rendered in the appeal for the delay. If an answer is received to 

133 



134 NEW YORK STATE EDUCATION DEPARTMENT 

an appeal which has' not been transmitted to the Department, 
such appeal will be dismissed. 

6 The party upon whom an appeal shall be served must, within 
ID days from the time of such service, unless further time be given 
by the Commissioner of Education, on application, answer the 
same, either by concurring in a statement of facts with the appel- 
lant or by a separate answer, and of all affidavits, papers, maps, 
etc., in support thereof. Such statement and answer must be 
signed by all the trustees or other officers whose act, omission or 
decision is appealed from, or a good reason, on oath, must be given 
for the omission of the signature of any of them. Such answer 
must be verified by oath and a copy thereof and of all the state- 
ments, maps, papers, etc., intended to be presented in support 
thereof, served on the appellants or some one of them, in like 
manner as is provided in rule 3 for the service of a copy of an 
appeal. 

7 Immediately after the service of a copy of such answer and the 
statements, papers, etc., presented in support thereof, the original 
answer and papers, etc., together with an affidavit of the service 
of such copy and stating the time and manner of the service and 
the. name and official character of the person upon whom such 
service was made, as hereinbefore provided for the service of a 
copy of an appeal, must be transmitted to the Education Depart- 
ment at Albany. 

8 No reply, replication or rejoinder shall be allowed, except by 
permission of the Commissioner of Education; in which case, such 
reply, replication and rejoinder must be duly verified by oath, and 
copies thereof served on the opposite party. Immediately after 
the service of such copy, the original, together with an affidavit of 
such service, and stating the time and manner of the service, and 
the name and official character of the person upon whom such 
service was made, must be transmitted to the Education Depart- 
ment at Albany. 

9 So far as the parties concur in a statement, no oath will be 
required to it. But all facts, maps, or papers, not agreed upon by 
them and evidenced by their signature on both sides, must be veri- 
fied by oath. 

10 When any proceeding of 'a district meeting is appealed from, 
and when the inhabitants of a district generally are interested in 
the matter of the appeal, and in all cases where an inhabitant 
might be an appellant had the decision or proceeding been the 
opposite of that which was made or had, any one or more of such 
inhabitants may answer the appeal, with or without the trustees. 



RULES RELATING TO APPEALS 135 

11 Where the appeal has relation to the alteration or formation 
of a school district, it must be accompanied by a map, exhibiting 
the site of the schoolhouse, the roads, the old and new lines of dis- 
tricts, the different lots, the particular location and distance from 
the schoolhouses of the persons aggrieved, and their relative dis- 
tance, if there are two or more schoolhouses in question. Also, 
a list of all the taxable inhabitants in the district or territory to 
be affected by the question, showing in separate columns the valu- 
ation of their property taken from the last assessment roll, and 
the number of children between 5 and 21 belonging to each person, 
distinguishing the districts to which they respectively belong. 

12 An appeal, of itself, does not stay proceedings. If the party 
desires such stay he should apply for it by petition, stating the 
facts upon which such stay should be made, duly verified. The 
Commissioner of Education will grant a stay, or not, as in his 
judgment it may be proper, or may subserve the interests of either 
party or the public, and may direct a copy of the petition to be 
served on the opposite party, and a hearing on both sides before 
deciding upon the application. 

13 The affidavit of verification, required by these rules to an 
appeal, answer, reply, replication and rejoinder, must be to the 
effect, that the same is true to the knowledge of the affiant, except 
as to the matters therein stated to be alleged on information and 
belief, and that as to those matters he believes it to be true. 

14 All oaths required by these rules may be taken before any 
person authorized to take affidavits. 

15 All appeals and other papers therein must be fairly and 
legibly written; and if not so written, may, in the discretion of the 
Commissioner of Education, be returned to the parties. 

16 When any party, appellant or respondent, is not represented 
on the appeal by an attorney, the name of such party, with the 
names of the district, town and county and his postoffice address 
must be indorsed upon each paper of the party so represented, 
filed in the Department on such appeal; and, when represented by 
an attorney, the name of such attorney, with the name of the dis- 
trict, town and county affected and his postoffice address, must 
be so indorsed upon each paper of the party so represented, filed 
in the Department on such appeal. 

17 Submission of appeals may be made upon the papers filed 
therein, with or without oral ^argument, or the filing of briefs, as 
the Commissioner ot i£ducation, upon application, .may determine. 



136 NEW YORK STATE EDUCATION DEPARTMENT 

18 The decision of the Commissioner of Education in every case 
will contain the order, or directions, necessary and proper for 
giving effect to his decisions. 

19 A decision upon an appeal will be forwarded by the Com- 
missioner of Education to the clerk of the school district in which 
the appeal arose, or to the town clerk of the town, when the appeal 
relates to the alteration of a district in which the order appealed 
from is filed, whose duty it will be to file the same in his office as 
a public record. 

20 The Commissioner of Education will, in his discretion, in the 
determination of an appeal, take into consideration any official 
records or reports on file in the Education Department and relat- 
ing to the issues involved in such appeal. 

PRACTICE ON APPLICATION FOR REMOVAL OF SCHOOL OFFICERS 

Under consolidated school law of 1894, title i, § 13 

For wilful violation or neglect of duty 

The proceedings are generally termed appeals asking for the 
removal of the officer against whom the charges are made. 

The applicant should prepare a petition addressed, "To the 
Commissioner of Education," in which, after distinctly stating the 
charge should proceed with a specification of the facts by which it 
is established, which must be set forth with such certainty as to 
time, place, etc., as to furnish the officer with precise information 
as to what he is expected to meet, and enable him to look for 
repelling testimony. The charges must not only be distinctly 
alleged, but they must be specifically proved. After being veri- 
fied, a copy of the petition, and of all affidavits in support thereof, 
including the affidavits of verification thereto, must be served upon 
the officer whose removal is sought, together with a notice of the 
application, which may be substantially in the following words: 

Sir: Take notice that the petition and affidavits, with copies of 
which you are herewith served, will be presented to the Commis- 
sioner of Education at Albany, and application thereon made for 
your removal from the office of . . . of district no. ... 
town of ... in ... county ; and that you are required to 
transmit your answer to such application, duly verified, to the 
Education Department within lo days after the service hereof, or 
the charges contained in such affidavits will be deemed to be 
admitted by you. 

A B 

[Postofjice address] 



RULES RELATING TO APPEALS 1 37 

A copy of this notice, together with an affidavit proving the 
service thereof, and of the petition and affidavits therein referred 
to, and the date and manner of such service, must be transmitted, 
with the original petition and affidavits, to the Education Depart- 
ment. The officer can not be prejudiced by any statement which 
he has not been called upon to answer. The officer must transmit 
his sworn answer, together with the affidavits of other persons, if 
he deems them necessary, with proof of service of copies thereof 
upon the petitioner, to the Education Department within lo days. 
If, for any reason, as the absence of material witnesses, he is unable 
to complete his defense in that time, he should, before its expira- 
tion, transmit his own answer, duly verified, with a statement, 
under oath, of the facts which render it necessary that the time to 
procure further evidence should be extended, and stating the 
earliest day at which he expects to be able to obtain such evi- 
dence. If a probable defense appears from his answer, and the 
application for further time is reasonable, an order will be made 
granting^it. 

If no answer is made by the officer to the petition, etc., the 
allegations contained in said petition, etc., will be considered 
admitted and if a case is thus established against the officer, the 
Commissioner of Education will at once remove him. If an answer 
is interposed, the question will be decided by the Commissioner of 
Education after an examination of the facts as presented by the 
papers upon both sides. 

For wilfully disobeying any decision, order or regulation of the 
Commissioner of Education 

The^^practice and procedure in cases of the wilful disobedience 
of any order, decision, or regulation of the Commissioner of Edu- 
cation should be Hke that above stated of wilful violation or neglect 
of duty, excepting that upon the filing of the petition, etc., with 
proof of service of a copy thereof upon the officer and in the Edu- 
cation Department, or upon his own motion, the Commissioner of 
Education will issue an order directing the officer to show cause 
before him on or before a certain day fixed in the order, why he 
should not be removed from office! If no answer is made to said 
order, the allegations contained in the moving papers will be 
deemed to be admitted and if a case is thus established against 
the officer, the Commissioner X)f Education will at once remove 
him. If an answer is interposed, the question will be decided by 



138 NEW YORK STATE EDUCATION DEPARTMENT 

the Commissioner of Education after an examination of the facts 
as presented by both sides. 

NOTE 

In the papers filed in the Department upon an appeal, the Com- 
missioner wants facts, not arguments or inferences, much less in- 
jurious imputations on the motives of parties. The facts should 
be distinctly averred, so that an indictment for perjury would lie 
if they are wilfully misstated. Therefore, they should not be 
stated by way of recital under a "whereas" or in any similar 
indirect way. Every material fact should be stated with all prac- 
ticable particularity as to time, quantities, numbers etc. Where 
a statement is ambiguous or doubtful in meaning that construc- 
tion is adopted which is most unfavorable to the party making it. 

The appellant must establish his appeal by a preponderance of 
proof, and should make out his own case, so that if no answer is 
put in, the Commissioner of Education will have, in the appeal 
itself, all the facts to inform him what order ought to be made. 
The record itself must contain enough to support the decision. 

In the bringing and answering of appeals it is recommended 
that the matters be written upon paper ruled as paper is ruled for 
legal pleadings. Such paper is kept by all stationers and book- 
sellers, and is known as law paper or legal cap. The several sheets 
should be written, as lawyers write their papers, on both sides, so 
that the bottom of the first page is the top of the second, and the 
sheets are fastened or attached at the ends and not at the sides. 
Manuscript arranged in this fashion is more easily handled, folded 
and filed. The paper should be smoothly folded and indorsed with 
the title of the case, briefly stating the substance of the appeal 
or answer, with the names of the parties or attorneys and their 
postotfice addresses and the district, town and county affected. 



GENERAL LAWS AND SPECIAL ACTS RELATING TO 
SCHOOL ADMINISTRATION 

The following provisions of the general laws of the state and of 
special acts, relating to schools and the duties of school officers, do not prop- 
erly form a part of the consolidated school law, but a knowledge of them is im- 
portant and necessary on the part of school district officers. 

Vaccination of school children 

CHAPTER 66i 

An act in relation to the public health, constituting chapter 25 of the general 

laws 

Passed May 9, 1893 

The people of the State of New York, represented in Senate and 

Assembly, do enact as follows: 

CHAPTER XXV OF THE GENERAL LAWS 
The public health law 

§200 No child or person not vaccinated shall be admitted or re- 
ceived into any of the public schools of the state, and the trustees 
or other officers having the charge, management or control of such 
schools shall cause this provision of law to be enforced. They may 
adopt a resolution excluding such children and persons not vac- 
cinated from such^'school until vaccinated, and when any such reso- 
lution has been adopted, they shall give at least 10 days' notice 
thereof, by posting copies of the same in at least two public and 
conspicuous places within the limits of the school government, and 
shall announce therein that due provision has been made, specify- 
ing it, for the vaccination of any child or person of suitable age 
desiring to attend the school, and whose parents or guardians are 
unable to procure vaccination for them, or who are, by reason of 
poverty, exempted from taxation in such district. 

§201 Such trustees or board may appoint a competent physician 
and fix his compensation, who shall ascertain the number of chil- 
dren or persons in a school district, or in a subdivision of a city 
school government, of suitable age to attend the common schools, 
who have not been vaccinated and furnish such trustees or board 
a list of their names. Every such physician shall provide himself 
with good and reliable vaccine virus with which to vaccinate such 
children or persons^ such trustees or board shall direct, and give 
certificates of vaccination when required, which shall be evidence 



I So in the 'original, 

139 



140 NEW YORK STATE EDUCATION DEPARTMENT 

that the child or person to whom given has been vaccinated. The 
expenses incurred in carrying into effect the provisions of this and 
the preceding section, shall be deemed a part of the expense of 
maintaining such school, and shall be levied and collected in the 
same manner as other school expenses. The trustees of the sev- 
eral school districts of the state shall include in their annual report 
the number of vaccinated and unvaccinated children of school age 
in their respective districts. 



Assessment and taxation — Land in forest preserve 
CHAPTER 395 

An act to amend the game law and to repeal chapter 332 of the laws of 1893, 
entitled "An act in relation to the forest preserve and Adirondack park, 
constituting articles 6 and 7 of chapter 43 of the general laws " 

Passed April 25, 1895 

§270 The forest preserve shall include the lands owned or here- 
after acquired by the state within the counties of Clinton, except 
the towns of Altona and Dannemora, Delaware, Essex, Franklin, 
Fulton, Hamilton, Herkimer, Lewis, Oneida, Saratoga, St Law- 
rence, Warren, Washington, Greene, Ulster and Sullivan, except 

1 Lands within the limits of any village or city and 

2 Lands, not wild lands, acquired by the state on foreclosure of 
mortgages made to the commissioners for loaning certain moneys 
of the United States, usually called the United States deposit ftmd. 



CHAPTER 908 
An act in relation to taxation, constituting chapter 24 of the general laws 

Took effect June 15, 1896 

ARTICLE I 

§4 Exemption from taxation. The following property shall be 
exempt from taxation : 

1 Property of the United States. 

2 Property of this state other than its wild or forest lands in the 
forest preserve. 

ARTICLE 2 

§22 Assessment of state lands in forest preserve. All wild or 
forest lands within the forest preserve shall be assessed and taxed 
at a like valuation and rate as similar lands of individuals within 



GENERAL LAWS AND SPECIAL ACTS I4I 

the counties where situated. On or before Aug. i in every year 
the assessors of the town within which the lands so belonging to 
the state are situated shall file in the ofifice of the Comptroller and 
of the Board of Fisheries, Game and Forest, a copy of the assess- 
ment roll of the town, which, in addition to the other matter now 
required by law, shall state and specify which and how much, if 
any, of the lands assessed are forest lands, and which and how 
much, if any, are lands belonging to the state; such statements 
and specifications to be verified by the oaths of a majority of the 
assessors. The Comptroller shall thereupon and before the ist 
day of September following, and after hearing the assessors and 
Board of Fisheries, Game and Forest, if they or any of them so 
desire, correct or reduce any assessment of state lands which may 
be in his judgment an imfair proportion to the remaining assess- 
ment of land within the town, and shall in other respects approve 
the assessment and communicate such approval to the assessors. 
No such assessment of state lands shall be valid for any purpose 
until the amount of assessment is approved by the Comptroller, 
and such approval attached to and deposited with the assessment 
roll of the town, and therewith delivered by the assessors of the 
town to the supervisor thereof or other officer authorized to re- 
ceive the same from the assessors. No tax for the erection of a 
schoolhouse or opening of a road shall be imposed on the state 
lands unless such erection or opening shall have been first ap- 
proved in writing by the Board of Fisheries, Game and Forest. 

ARTICLE 4 

§80 Payment of taxes on state lands in forest preserve. The 

Treasurer of the state, upon the certificate of the Comptroller as 
to the correct amotmt of such tax, shall pay the tax levied upon 
state lands in the forest preserve by crediting to the treasurer of 
the county in which such lands may be situated, such taxes, upon 
the amotmt payable by such cotmty treasurer to the state for state 
tax. No fees shall be allowed by the Comptroller to the county 
treasurer for such portion of the state tax as is so paid. 



142 NEW YORK STATE EDUCATION DEPARTMENT 

Banks, banking associations and individual bankers 

CHAPTER 908 

An act in relation to taxation, constituting chapter 24 of the general laws 

Took effect June 15, 1896 

ARTICLE I 

Place of taxation 

§13 Stockholders of bank taxable on shares. The stockholders 
of every bank or banking association organized under the authority 
of this state, or of the United States, shall be assessed and taxed 
on the value of their shares of stock therein; said shares shall be 
included in the valuation of the personal property of such stock- 
holders in the assessment of taxes in the tax district where such 
bank or banking association is located, and not elsewhere, whether 
the said stockholders reside in said tax district or not. 

§14 Place of taxation of individual bank capital. Every indi- 
vidual banker shall be taxable upon the amount of capital invested 
in his banking business in the tax district where the place of such 
business is located and shall, for that purpose, be deemed a resi- 
dent of such tax district. 

ARTICLE 2 

Mode of assessment 

§23 Banks to make report. The chief fiscal officer of every bank 
or banking association organized under the authority of this state 
or of the United States, shall, on or before the ist day of July, fur- 
nish the assessors of the tax district in which its principal office is 
located, and also the State Board of Tax Commissioners, a state- 
ment, under oath, of the condition of such bank or banking asso- 
ciation, on the ist day of June next preceding, stating the amount 
of its authorized capital stock, the number of shares and the par 
value of the shares thereof, the amount of stock paid in, the date 
and rate per centum of each dividend declared by it during the 
year, the capital employed by it during the year, the amount of its 
surplus, if any, the amount, value and location of its real estate, a 
complete list of the names and residences of its stockholders, and 
the number of shares held by each, and such other data, informa- 
tion or matters as may be prescribed by the State Board of Tax 
Commissioners, who shall furnish blanks upon which such reports 
shall be made, and prescribe the form of verification thereto, and 
such commissioners may, at any time, require a further and fuller 
report. In case of neglect or refusal on the part of any bank, cor- 



GENERAL LAWS AND SPECIAL ACTS 143 

poration or association to report, as herein prescribed, or to make 
other or further reports as may be required by the commissioners 
of taxes, such bank, corporation or association shall forfeit the sum 
of $ioo for each failure, and the additional sum of $io for each day 
such failure continues, and an action therefor shall be prosecuted 
by the State Board of Tax Commissioners. There shall, in addi- 
tion to such report, be kept in the office of every such bank or bank- 
ing association a full and correct list of the names and residences 
of all the stockholders therein, and of the number of shares held 
by each, and such list shall be subject to the inspection of the asses- 
sors and the Board of Commissioners of Taxes at all times. The 
list of stockholders furnished by such bank, corporation or asso- 
ciation shall be deemed to contain the names of the owners of such 
shares as are set opposite them respectively, for the purposes of 
assessment and taxation. 

^§24 Bank shares, how assessed. In assessing the shares of 
stock of banks or banking associations organized under the author- 
ity of this state or the United States, the assessment and taxation 
shall not be at a greater rate than is made or assessed upon other 
moneyed capital in the hands of individual citizens of this state. 
The value of each share of stock of each bank and banking associa- 
tion, except such as are in liquidation, shall be ascertained and 
fixed by adding together the amount of the capital stock, surplus 
and undivided profits of such bank or banking association and by 
dividing the result by the number of outstanding shares of such 
bank or banking association. The value of each share of stock in 
each bank or banking association in liquidation shall be ascer- 
tained and fixed by dividing the actual assets of such bank or 
banking association by the number of outstanding shares of such 
bank or banking association. The rate of tax upon the shares of 
stock of banks and banking associations shall be one per centum 
upon the value thereof, as ascertained and fixed in the manner 
hereinbefore provided, and the owners of the stock of banks and 
banking associations shall be entitled to no deduction from the 
taxable value of their shares because of the personal indebted- 
ness of such owners, or for any other reason whatsoever. Com- 
plaints in relation to the assessments of the shares of stock of 
banks and banking associations made under the provisions of this 
act shall be heard and determined as provided in article 2, sec- 
tion 36 of the tax law. The said tax shall be in lieu of all other 
taxes whatsoever for state, coimty or local purposes upon the said 

lAs amended by chapter 267, laws of 1Q03. 



144 NEW YORK STATE EDUCATION DEPARTMENT 

shares of stock, and mortgages, judgments and other choses in 
action and personal property held or owned by banks or banking 
associations the value of which enters into the value of said shares 
of stock, shall also be exempt from all other state, coimty or local 
taxation. The tax herein imposed shall be levied in the following 
manner: the board of supervisors of the several counties shall, on 
or before the 15th day of December in each year, ascertain from 
an inspection of the assessment rolls in their respective counties, 
the number of shares of stock of banks and banking associations 
in each town, city, village, school and other tax district, in their 
several coimties, respectively, in which such shares of stock are 
taxable, the names of the banks issuing the same, respectively, 
and the assessed value of such shares, as ascertained in the manner 
provided in this act and entered upon the said assessment rolls, 
and shall forthwith mail to the president or cashier of each of said 
banks or banking associations a statement setting forth the amount 
of its capital stock, surplus and undivided profits, the number of 
outstanding shares thereof, the value of each share of stock taxable 
in said county, as ascertained in the manner herein provided, and 
the aggregate amount of tax to be collected and paid by such bank 
and banking association, tinder the provisions of this act. A cer- 
tified copy of each of said statements shall be sent to the county 
treasurer. It shall be the duty of every bank or banking associa- 
tion to collect the tax due upon its share of stock from the several 
owners of such shares and to pay the same to the treasurer of the 
county wherein said bank or banking association is located, and in 
the city of New York to the receiver of taxes thereof on or before 
the 31st day of December in said year; and any bank or banking 
association failing to pay the said tax as herein provided shall be 
liable by way of penalty for the gross amount of the taxes due from 
all owners of the shares of stock, and for an additional amount of 
$100 for every day of delay in the payment of said tax. Every 
bank or banking association so paying the taxes due upon the 
shares of its stock shall have a lien on the shares of stock, and on 
all property of the several share owners in its hands, or which may 
at any time come into its hands, for reimbursement of the taxes 
so paid on account of the several shareholders, with legal interest; 
and such lien may be enforced in any appropriate manner. The 
tax hereby imposed shall be distributed in the following manner: 
the board of supervisors of the several counties shall ascertain the 
tax rate of each of the several town, city, village, school, and other 
tax districts in their counties respectively, in which the shares of 



GENERAL LAWS AND SPECIAL ACTS I45 

stock of banks and banking associations shall be taxable, which 
tax rates shall include the proportion of state and county taxes 
levied in such districts, respectively, for the year for which the tax 
is imposed, and the proportion of the tax on bank stock to which 
each of said districts shall be respectively entitled shall be ascer- 
tained by taking such proportion of the tax upon the shares of 
stock of banks and banking associations, taxable in such districts, 
respectively, under the provisions of this act as the tax rate of such 
district shall bear to the aggregate tax rates of all the tax districts 
in which said shares of stock shall be taxable. The clerk of the 
several cities, villages and school districts to which any portion of 
the tax on shares of stock of banks and banking associations is to 
be distributed under this act shall, in writing and under oath 
annually, report to the board of supervisors of their respective 
counties, during the first week of the annual session of such board, 
the tax rate of such city, village, and school district for the year 
prior to the meeting of each such board. The said board of super- 
visors shall issue their warrant or order to the county treasurer on 
or before the 15th day of December in each year, setting forth the 
number of shares of bank stock taxable in each town, city, village, 
school and other tax district in said county, in which said shares 
of stock shall be taxable, the tax rate of each of said tax districts 
for said year, the proportion of the tax imposed by this act to 
which each of said tax districts is entitled, under the provisions 
hereof, and commanding him to collect same, and to pay to the 
proper officer in each of such districts the proportion of such tax 
to which it is entitled under the provisions of this act. The said 
county treasurer shall have the same powers to enforce the col- 
lection and payment of said tax as are possessed by the officers 
now charged by law with the collection of taxes and the said 
county treasurer shall be entitled to a commission of i per centum 
for collecting and paying out said moneys, which commission shall 
be deducted from the gross amount of said tax before the same is 
distributed. In issuing their warrants to the collectors of taxes, 
the board of supervisors shall omit therefrom assessments of and 
taxes upon the shares of stock of banks and banking associations. 
All assessments of the shares of stock of banks and banking associa- 
tions made on or after Jan. i, 1901, and prior to the passage of this 
act, shall be null and void, and new assessments thereof shall be 
made agreeably to the provisions of this act. Provided, that in 
the city of New York, the statement of the bank assessment and 
tax herein provided for shall be made by the board of tax com- 



146 NEW YORK STATE EDUCATION DEPARTMENT 

missioners of said city, on or before the 15th day of December in 
each year, and by them forthwith mailed to the respective banks 
and banking associations located in said city, and a certified copy 
thereof sent to the receiver of taxes of said city. The tax shall be 
paid by the respective banks in said city, to the said receiver of 
taxes on or before the 31st day of December in said year, and said 
tax shall be collected by the said receiver of taxes and shall be by 
him^paid into the treasury of said city to the credit of the r -'/^ral 
fund thereof. This act is not to be construed as an exemjiiun of 
the real^estate of banks or banking associations from taxation. 

§25 Individual banker, how assessed. Every individual banker 
doing business under the laws of this state, must report before the 
15th day of June under oath to the assessors of the tax divStrict 
in which any of the capital invested in such banking business is tax- 
able, the amount of captial invested in such banking business in 
such tax district on the ist day of June preceding. Such capital 
shall be assessed as personal property to the banker in whose name 
such business is carried on. 

§26 Notice of assessment to bank or banking association. The 
assessors of every tax district shall within 10 days after they have 
completed the assessment of the stock of a bank or banking associa- 
tion, give written notice to such bank or banking association of such 
assessment of the shares of its respective shareholders, and no per- 
sonal or other notice to such shareholders of such assessment is 
required. 

ARTICLE 4 

Collection of taxes 

§72 Collection of taxes assessed against stocks in banks and 
banking associations. Every bank or banking association shall 
retain any dividend until the delivery to the collector of the tax 
roll and warrant of the current year, and within 10 days after such 
delivery, shall pay to such collector so much of such dividend as 
may be necessary to pay any unpaid taxes assessed on the stock 
upon which such dividend is declared. In case the owner of such 
stock resides in a place other than where the bank or banking asso- 
ciation is located, the same power may be exercised in collecting 
the tax so assessed as is given in case a person has removed from a 
tax^district in which the assessment was made. The tax so assessed 
shall be and remain a lien on the shares of stock against which it is 
assessed till the payment of such tax, and if the stock is trans- 
ferred it shall be subject to such lien. The collector or county 



GENERAL LAWS AND SPECIAL ACTS 1 47 

treasurer may foreclose such lien in any court of record, and collect 
from the avails of the sale of the stock the tax assessed against the 
same. In addition thereto, the same remedy may be had for the 
collection of the tax on such shares as is now provided by law for 
enforcing payment of personal tax against residents. 



Apportioning valuation of railroads, telegraph, telephone and pipe 
line companies between school districts 

CHAPTER 908 
An act in relation to taxation, constituting chapter 24 of the general laws 

Took effect June 15, 1896 
ARTICLE 2 
Mode of assessment 
§39 Assessors to apportion valuation of railroad, telegraph, 
telephone, or pipe line companies between school districts. The 
assessors of each town in which a railroad, telegraph, telephone or 
pipe line company is assessed upon property lying in more than one 
school district therein, shall, within 15 days after the final comple- 
tion of the roll, apportion the assessed valuation of the property 
of each of such corporations among such school districts. Such 
apportionment shall be signed by the assessors or a majority of 
them, and be filed with the town clerk within five days thereafter, 
and thereupon the valuation so fixed shall become the valuation 
of such property in such school district for the purpose of taxation. 
In case of failure of the assessors to act, the supervisor of the town 
shall make such apportionment on request of either the trustees 
of any school district or of the corporation assessed. The town 
clerk shall furnish the trustees a certified statement of the valua- 
tions apportioned to their respective districts. In case of any 
alteration in any school district affecting the valuation of such 
property, the officer making the same shall fix and determine 
the valuations in the districts affected for the current year. 



Railroad companies — collection of taxes 

CHAPTER 675 

An act to facilitate the payment of school taxes by railroad companies 

Passed July 25, i88i 
i§i It shall be the duty of the school collector in each school 
district in this state, except^ in the counties of New York, Kings 

t.-^ »As amended by chapter 533, laws of 1885. ' 



I4B NEW YORK STATE e!dUCATION DEPARTMENT 

and Cattaraugus, within five days after the receipt by such collector 
of any and every tax or assessment roll of his district, to prepare 
and deliver to the county treasurer of the county in which such 
district, or the greater part thereof, is situated, a statement show- 
ing the name of each railroad company appearing in said roll, the 
assessment against each of said companies for real and personal 
property respectively, and the tax against each of said companies. 
It shall thereupon be the duty of such coimty treasurer, immediately 
afterthe receipt by him of such statement from such school collector, 
to notify the ticket agent of any such railroad company assessed 
for taxes at the station nearest to the office of such county treasurer, 
personally or by mail, of the fact that such statement has been filed 
with him by such collector, at the same time specifying the amount 
of tax to be paid by such railroad company. 

§2 Any railroad company heretofore organized, or which may 
hereafter be organized, under the laws of this state, may within 30 
days after the receipt of such statement by such county treasurer, 
pay the amount of tax so levied or assessed against it in such dis- 
trict and in such statement mentioned and contained with i per 
centum fees thereon, to such coimty treasurer, who is hereby 
authorized and directed to receive such amount and to give proper 
receipt therefor. 

§3 In case any railroad company shall fail to pay such tax with- 
in said 30 days, it shall be the duty of such county treasurer to 
notify the collector of the school district in which such delinquent 
railroad company is assessed, of its failure to pay said tax, and 
upon receipt of such notice it shall be the duty of such collector to 
collect such unpaid tax in the manner now provided by law, to- 
gether with 5 per centum fees thereon ; but no school collector shall 
collect by distress and sale any tax levied or assessed in this district 
upon the property of any railroad company until the receipt by 
him of such notice from the county treasurer. 

§4 The several amounts of tax received by any county treasurer 
in this state, under the provisions of this act, of and from railroad 
companies, shall be by such county treasurer placed to the credit of 
the school district for or on account of which the same was levied or 
assessed, and on demand paid over to the school collector thereof, 
and the i per centum fees received therewith shall be placed to the 
credit of, and on demand paid to, the school collector of such school 
district. 

§5 Nothing in this act contained shall be construed to hinder, 
prevent or prohibit any railroad company from paying its school 
tax to the school collector direct, as now provided by law. 

§6 This act shall take ^effect immediately. 



GENERAL LAWS AND SPECIAL ACTS I49 

Exemptions from taxation — Dwelling-house and land owned by 
religious corporation, when exempt, and real and personal prop- 
erty of a minister of the gospel or priest 

CHAPTER 908 

An act in relation to taxation, constituting chapter 24 of the general laws 

Took effect June 15, 1896 

ARTICLE I 

Taxable property and place of taxation 

§4 Exemptions from taxation. The following property shall 
be exempt from taxation. . . 

9 All dwelling-houses and lots of religious corporations while 
actually used by the officiating clergymen thereof, but the total 
amount of such exemption to any one religious corporation shall 
not exceed $2000. Such exemption shall be in addition to that 
provided by subdivision 7 of this section. . . 

1 1 The real property of a minister of the gospel or priest who is 
regularly engaged in performing his duties as such, or permanently 
disabled, by impaired health from the performance of such duties, 
or over 75 years of age, and the personal property of such minister 
or priest, but the total amount of such exemption on account of 
both real and personal property shall not exceed $1500. 



Real and personal property of corporations and associations organ- 
ized exclusively for moral, mental, religious purposes, etc., 
exempt from taxation 

CHAPTER 908 
An act in relation to taxation, constituting chapter 24 of the general laws 

ARTICLE I 

Taxable property and place of taxation 

»§4 Exemption from taxation. The following property shall be 
exempt from taxation : 

7 The real property of a corporation or association organized 
exclusively for the moral or mental improvement of men or women , 
or for religious, bible, tract, charitable, benevolent, missionary, 
hospital, infirmary, educational, scientific, literary, library, patriotic, 

'As amended by chapter 371, laws of i8q7. 



150 NEW YORK STATE EDUCATION DEPARTMENT 

historical or cemetery purposes, or for the enforcement of laws 
relating to children or animals, or for two or more such purposes, 
and used exclusively for carrying out thereupon one or more of 
such purposes; and the personal property of any such corporation 
shall be exempt from taxation. But no such corporation or associa- 
tion shall be entitled to any such exemption if any officer, member 
or employee thereof shall receive or may be lawfully entitled to 
receive any pecuniary profit from the operations thereof except 
reasonable compensation for services in effecting one or more of 
such purposes, or as proper beneficiaries of its strictly charitable 
purposes ; or if the organization thereof, for any such avowed pur- 
poses be a guise or pretense for directly or indirectly making any 
other pecuniary profit for such corporation or association, or for 
any of its members or employees, or if it be not in good faith organ- 
ized or conducted exclusively for one or more of such purposes. 
The real property of any such corporation or association entitled 
to such exemption held by it exclusively for one or more of such 
purposes, and from which no rents, profits or income are derived, 
shall be so exempt, though not in actual use therefor by reason of 
the absence of suitable buildings or improvements thereon, if the 
construction of such buildings or improvements is in progress, or 
is in good faith contemplated by such corporation or association^ 
The real property of any such corporation not so used exclusively 
for carrying out thereupon one or more of such purposes, but 
leased or otherwise used for other purposes, shall not be exempt, 
but if a portion only of any lot or building of any such corporation 
or association is used exclusively for carrying out thereupon one 
or more such purposes of any such corporation or association, then 
such lot or building shall be so exempt only to the extent of the 
value of the portion so used, and the remaining or other portion to 
the extent of the value of such remaining or other portion shall be 
subject to taxation. Provided, however, that a lot or building 
owned, and actually used for hospital purposes, by a free public 
hospital, depending for maintenance and support upon voluntary 
charity shall not be taxed as to a portion thereof leased or other- 
wise used for the purposes of income, when such income is neces- 
sary for, and is actulaly applied to, the maintenance and support 
of such hospital. Property held by any officer of a religious 
denomination shall be entitled to the same exemptions, subject to 
the same conditions and exceptions, as property held by a religious 
corporation. 



GENERAL LAWS AND SPECIAL ACTS I5I 

Real property purchased with proceeds of pensions granted by the 
United States, for military or naval services, subject to taxa- 
tion for school purposes, etc. 

Chapter 347, laws of 1897, section i, amends subdivision 5 of 
section 4 of chapter 908, laws of 1896, entitled "An act in relation 
to taxation, constituting chapter 24 of the general laws, " as follows : 

§1 Subdivision 5 of section 4 of chapter 908 of the laws of 
1896, entitled "An act in relation to taxation, constituting chapter 
24 of the general laws," is hereby amended to read as follows: 

5 All property exerfipt by law from execution, other than an 
exempt homestead. But real property purchased with the pro- 
ceeds of a pension granted by the United States for military or 
naval services, and owned and occupied by the pensioner, or by 
his wife or widow, is subject to taxation as herein provided. Such 
property shall be assessed in the same manner as other real property 
in the tax districts. At the meeting of the assessors to hear the 
complaints concerning assessments, a verified application for the 
exemption of such real property from taxation may be presented 
to them by or on behalf of the owner thereof, which application 
must show the facts on which the exemption is claimed, including 
the amount of pension money used in or toward the purchase of 
such property. If the assessors are satisfied that the applicant is 
entitled to the exemption, and that the amount of pension money 
used in the purchase of such property equals or exceeds the assessed 
valuation thereof, they shall enter the word "exempt" upon the 
assessment roll opposite the description of such property. If the 
amount of such pension money used in the purchase of the property 
is less than the assessed valuation, they shall enter upon the assess- 
ment roll the words "exempt to the extent of ... dollars" 
(naming the amount) and thereupon such real property, to the 
extent of the exemption entered by the assessors, shall be exempt 
from state, county and general municipal taxation, but shall be 
taxable for local school purposes, and for the construction and 
maintenance of streets and highways. If no application for exemp- 
tion be granted, the property shall be subject to taxation for all 
purposes. The entries above required shall be made and con- 
tinued in each assessment of the property so long as it is exempt 
from taxation for any purpose. The provision herein, relating to 
the assessment and exemption of property purchased with a pen- 
sion apply and shall be enforced in each municipal corporation 
authorized to levy taxes. 



152 NEW YORK STATE EDUCATION DEPARTMENT 

Pay, bounty and pension money of soldiers and sailors and real 

property purchased therewith 

CODE OF CIVIL PROCEDURE 

^§1393 The pay and bounty of a noncommissioned officer, musi- 
cian or private in the military or naval service of the United States 
or the State of New York; a land warrant, pension or other reward, 
heretofore or hereafter granted by the United States, or by a state, 
for military or naval services; a sword, horse, medal, emblem or 
device of any kind presented as a testimonial for services rendered 
in the military or naval service of the United States or a state ; and 
the imiform, arms and equipments which were used by a person in 
that service, are also exempt from levy and sale, by virtue of an 
execution, and from seizure for nonpayment of taxes, or in any 
other legal proceeding; except that real property purchased with 
the proceeds of a pension granted by the United States for military 
or naval services, and owned by the pensioner, or by his wife or 
widow, is subject to seizure and sale for the collection of taxes or 
assessments lawfully levied thereon. 

Note. The Court of Appeals of this state, in Yates County National Bank v. Carpenter, 119 
N.Y. sso, held where such money (pay and bounty, land warrant, pensions or other reward) can 
be traced directly to the purchase of property, necessary or convenient for the support of the 
pensioner and his family, such property is made exempt by the above section. 

A. By the revised statutes of this state, all property exempted by law from execution shall 
be exempt from taxation. 



CHAPTER 502, LAWS OF 1902 

An act to provide for a uniform tax in the several towns of the county of 
St Lawrence for the maintenance of common schools, and for the levy, 
collection, custody and disbursement thereof 

Became a law Ap. 10, 1902, with the approval of the Govenior. Passed, 
three fifths being present 

The people of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

§1 At any biennial town meeting held after the passage of this 
act, in the several towns of the county of St Lawrence, there may 
be submitted to the electors thereof, upon the written request of 
not less than 25 taxpayers entitled to vote thereon, sucn request 
having been filed with the town clerk at least 30 days before such 
biennial town meeting, the question, "Shall a imiform system of 
taxation for the maintenance of the common schools be adopted 
in the town of " If a majority of the ballots 

lAs amended by chapter 318, of 1807. 



GENERAL LAWS AND SPECIAL ACTS I53 

cast shall be in the affirmative, further proceedings under this act 
shall be taken as hereinafter provided. 

§2 On or before the day of the meeting of the town board for the 
audit of town accounts in each year, following the adoption of this 
act, by any town in the county of St Lawrence, the trustee or trus- 
tees of the several common school districts in such town shall file 
with the town clerk, a statement of the sum of money necessary 
to maintain the common school in said common school district in 
the following form : 

I (or we), the undersigned trustee (or trustees) of school district 

number , of the town of , State of New York, 

do hereby certify that the following sums are required for the main- 
tenance of district school number , of the town of 

, State of New York, for the fiscal year beginning Sep. i, 

and ending June 30, 

For salary for teachers $ 

For library funds 

For repairs to school buildings 

For miscellaneous expenses 



Total $ 

§3 It shall be the duty of the town clerk to deliver said certi- 
ficates of the trustee or trustees of the several common school dis- 
tricts, to the town board of each town adopting this system on the 
day of the meeting of the town board for the audit of town accounts 
in each year, and the said town board shall include the gross sum 
called for by the several said certificates or so much thereof as may 
be necessary, in their annual town schedule of expenses, to be cer- 
tified to the board of supervisors in the coimty in which the said 
town is situated in the same manner as other town expenses, and 
the said board of supervisors shall levy such amoimt in the next 
succeeding tax levy of the town, in the same manner as other town 
taxes are collected. The amounts thus collected in each town 
shall be paid by the town collector to the supervisor of the town 
and by him paid out on the order of the trustee or trustees of the 
several common school districts to the amount to which each dis- 
trict is entitled, in the same manner as the public school funds are 
now disbursed. The collector shall be paid the same rate per 
centum for collection as is now allowed by law for the collection of 
moneys, and for the same powers and to be subject to the same 
liabilities. The collector or supervisor shall give bonds to the 



t54 ^EW YORK STATE EDUCATION DEPARTMENT 

amount now required by law in the collection, custody and dis- 
bursement of town funds. 

§4 It shall be the duty of the town clerk to furnish the trustee or 
trustees of each common school district the forms in blank pro- 
vided for in section 2 of this act. The cost thereof shall be a town 
charge. 

§5 Any school district, lying partly in the town which had 
adopted the system of taxation provided by this act, and partly 
in a town not having adopted said system, shall, for the purpose 
of this act, be considered as lying wholly in the town not having 
adopted said system, and shall so continue until such time as both 
towns have adopted said system of taxation. In case both towns 
have adopted the system of taxation provided by this act, then 
the trustee or trustees in such school district shall certify to the 
town clerk in each town the sum required for the maintenance of 
such district school, and the said sum shall be divided between the 
towns in proportion to the assessed valuation of property, real and 
personal, in the different parts of said district in each town, and 
the amount so divided, shall be included in the schedule of town 
expenses in each town in the same manner as heretofore provided 
in this act. 

§6 Under the provisions of this act town boards shall have the 
power by resolution with the consent in writing of the school com- 
missioner of the district in which such town is situated, to annul or 
consolidate common school districts, and to provide for the trans- 
portation and maintenance of pupils in any common school district 
in such town. 

§7 It shall be the duty of the supervisor to keep a separate 
account with each common school district, in any town adopting 
this act, in said town. He shall not pay for the account of any 
common school district, upon the order of the trustee or trustees, as 
provided in this act, a larger sum of money than the sum of money 
approved by the town board of said district, and levied and collected 
under the provisions of this act. 

§8 Whenever any town shall have adopted the system of taxa- 
tion for the maintenance of common schools provided for in this 
act, the board of education of any union free school therein, main- 
taining a department for secondary education, shall receive into 
such academic department, pupils sufficiently advanced to enter 
therein, without the payment of any tuition therefor. And such 
boards of education in such union free school districts are hereby 
empowered to establish the grades and prescribe such examina- 



GENERAL LAWS AND SPECIAL ACTS 155 

tions as may be necessary to carry into effect the provisions of this 
act, and such grading and examination shall be uniform and regu- 
late the admissions thereto of all pupils residing within such town- 
ship. 

§9 All acts or parts of acts which are inconsistent or in conflict 
with the provisions of this act are hereby repealed. 

§io This act shall take effect immediately. 



Holidays 

CHAPTER 677 

An act relating to the construction of statutes constituting chapter i of the 

general laws 

Passed May 18, 1892. As amended by chapter 614, laws of 1897 
§24 The term holiday includes the following days in each year: 
the ist day of January, known as New Year's day; the 12th day 
of February, known as Lincoln's birthday; the 2 2d day of Febru- 
ary, known as Washington's birthday; the 30th day of May, known 
as Memorial day; the 4th day of July, known as Independence day; 
the ist Monday of September, known as Labor day, and the 25th 
day of December, known as Christmas day, and if either of such 
days is Simday, the next day thereafter; each general election day 
and each day appointed by the President of the United States or 
by the Governor of this state as a day of general thanksgiving, 
general fasting and prayer, or other general religious observances. 
The term, half holiday, includes the period from noon to midnight 
of each Saturday which is not a holiday. The days and half days 
aforesaid shall be considered as the first day of the week, commonly 
called Sunday, and as public holidays or half holidays, for all pur- 
poses whatsoever as regards the transaction of business in the 
public offices of this state, or counties of this state. On all other 
days and half days, excepting Sundays, such offices shall be kept 
open for the transaction of business. 

Note. By section 6 of title 2, chapter 556, laws of 1894, the consolidated school law, all le- 
gal holidays that may occur during the terms of school during every school year, of 160 days 
of school, are included as parts of said 160 days, and exclusive of Saturdays. No Saturday 
shall be counted as part of said 160 days of school, and no school shall be in session on a legal 
holiday. 



156 NEW YORK STATE EDUCATION DEPARTMENT 

CHAPTER 528, LAWS OF 1905 

An act to amend the Greater New York charter, relative to Anniversary 
day, so called, as a hoUday in the public schools of the borough of Brook- 
lyn, city of New York 

Accepted by the city 

Became a law May 18, 1905, with the approval of the Governor. Passed, 
three fifths being present 

The people of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

§1 Title 4 of chapter 18 of the Greater New York charter, as 
reenacted by chapter 466 of the laws of 1901, is hereby amended 
by adding at the end thereof a new section to be known as section 
1 162, and to read as follows: 

§1162 Anniversary day as a holiday in the public schools of the 
borough of Brooklyn. The 8th day of June in the year 1905 and 
thereafter the first Thursday in June in each year, except in those 
years when the first Thursday in June occurs in the same week 
with Memorial day, and in such years the second Thursday in Jiine, 
known as Anniversary day, and celebrated in commemoration of 
the organization of Simdays^ schools, is hereby made and declared 
to be a holiday in all the public schools in the borough of Brooklyn, 
city of New York, and the board of education of such city is hereby 
authorized and directed to cause all the public schools in such bor- 
ough to be closed on such day. 

§2 This act shall take effect immediately. 



Actions by and against trustees of school districts 
CODE OF CIVIL PROCEDURE 

=^§1926 Actions by certain specified ofl5.cers. An action or special 
proceeding may be maintained, by the trustee or trustees of a school 
district; the overseer or overseers of the poor of a village, or city; 
the county superintendent or superintendents of the poor; or the 
supervisors of a county, upon a contract, lawfully made with those 
officers or their predecessors, in their official capacity; to enforce a 
liability created, or a duty enjoined, by law, upon those officers, or 
the body represented by them; to recover a penalty or a forfeiture, 
given to those officers, or the body represented by them; or to 

I So in the original. 

2 As amended by chapter 30a. laws of 1897. 



GENERAL LAWS AND SPECIAL ACTS 157 

recover damages for an injury to the property or rights of those 
officers, or the body represented by them; although the cause of 
action accrued before the commencement of their term of office. 

§1927 An action or special proceeding may be maintained against 
any of the officers specified in the last section (1926), upon any 
cause of action, which accrues against them, or has accrued against 
their predecessors, or upon a contract made by their predecessors 
in their official capacity, and within the scope of their authority. 

[See also §1928, 1929 and 1930.] 

Section 1931 provides that an execution can be issued upon a 
judgment for a sum of money against the trustee or trustees of a 
school district, and such execution may be issued against and be 
collected out of the property of such officers, and the sum collected 
must be allowed to him on the settlement of his official accounts, 
except as otherwise specially prescribed by law. 

Chapter 318, laws of 1904, amends the Code of Civil Procedure 
relative to the enforcement in the state of a judgment for divorce 
or separation rendered in another state requiring the husband to 
provide for the education and maintenance of his children and the 
support of his wife. 

Note By section 8^, article 7, title 7 of consolidated school law, chapter 556. laws of 
1804 it is provided, "Whenever any sum or sums of money payable by any person or persons 
named in such tax list, shall not be paid by such person or persons, or collected by such 
warrant within the time therein limited, or the time limited by any renewal of such warrant; 
or in case the property assessed be real estate belonging to an mcorporated company, and 
' no goods or chattels can be found whereon to levy the tax, the trustee or trustees may sue 
for and recover the same in their name cf office." ,.,^,,.11 r, ^ 

\ See subdivision 17, section 14 of article i, tttle 7 of the consolidated school law, chapter 
%^6 laws of 1894, relative to pavment of judgments obtained in actions against trustees of 
districts for unpaid teachers' wages; also sections 4 and 5 oi article i of title 15 of the con- 
solidated school law, as to payment of costs and damages m actions or proceedings brought 
by or against trustees of districts. 



PENAL CODE 
§46 Attempting to prevent officers from performing duty. A 

person who attempts, by means of any threat or violence, to deter 
or prevent an executive officer from performing any duty imposed 
upon such officer by law, is guilty of a misdemeanor. 

§47 Resisting officers.. A person who knowingly resists by the 
use of force or violence, any executive officer, in the performance 
of his duty, is guilty of a misdemeanor. 

§57 Officer refusing to surrender to successor. A person who, 
having been an executive or administrative officer, wrongfully re- 
fuses to surrender the official seal, or any books or papers apper- 
taining to his office, upon the demand of his lawful successor, is 
guilty of a misdemeanor. 



158 NEW YORK STATE EDUCATION DEPARTMENT 

§58 Administrative officers. The various provisions of this chap- 
ter which relate to executive officers apply to administrative offi- 
cers, in the same manner as if administrative and executive officers 
were both mentioned. 

§94 Injury, etc., to public records. A person who, wilfully and 
luilawfully removes, mutilates, destroys, conceals, or obliterates a 
record, map, book, paper, document, or other thing, filed or de- 
posited in a public office or with any public officer by authority of 
law, is punishable by imprisonment for not more than five years, 
or by a fine, not more than $500, or by both. 

§114 Injury to records and misappropriation by ministerial offi- 
cers. A sheriff, coroner, clerk of a court, constable or other minis- 
terial officer, and every deputy or subordinate of any ministerial 
officer, who either: 

1 Mutilates, destroys, conceals, erases, obliterates or falsifies any 
record or paper appertaining to his office; or, 

2 Fraudulently appropriates to his own use or to the use of an- 
other person, or secretes with intent to appropriate to such use, any 
money, evidence of debt or other property intrusted to him in virtue 
of his office, is guilty of felony. 

§117 Neglect of public officers. A public officer, or person hold- 
ing a public trust or employment, upon whom any duty is enjoined 
by law, who wilfully neglects to perform the duty, is guilty of a 
misdemeanor. 

§223 Use of force or violence, declared not unlawful, etc. To 
use or attempt, or offer to use, force or violence upon or toward the 
person of another is not unlawful in the following cases : 

4 When committed by a parent or the authorized agent of any 
parent, or by any guardian, master, or teacher, in the exercise of a 
lawful authority to restrain or correct his child, ward, apprentice 
or scholar, and the force or violence used is reasonable in manner 
and moderate in degree; 

§448 Disturbing lawful meetings. A person who, without au- 
thority of law, wilfully disturbs any assembly or meeting, not un- 
lawful in its character, is guilty of a misdemeanor. 

§470 Misappropriation, etc., and falsification of accounts by pub- 
lic officers. A public officer, or a deputy, or clerk of any such offi- 
cer, and any other person receiving money on behalf of, or for ac- 
count of the people of this state, or of any department of the govern- 
ment of this state, or of any bureau or fund created by law, and in 
which the people of this state are directly or indirectly interested, 
or for or on account of any city, county, village or town, who 



GENERAL LAWS AND SPECIAL ACTS 159 

1 Appropriates to his own use, or to the use of any person not 
entitled thereto, without authority of law, any money so received 
by him as such officer, clerk or deputy, or otherwise; or 

2 Knowingly keeps any false account, or makes any false entry 
or erasure in any account of, or relating to, any money so received 
by him, or 

3 Fraudulently alters, falsifies, conceals, destroys or obliterates, 
any such account ; or 

4 Wilfully omits or refuses to pay over to the people of this state 
or their officer or agent authorized by law to receive the same, or to 
such city, village, county or town, or the proper officer or authority 
empowered to demand and receive the same, any money received 
by him as such officer, when it is his duty imposed by law to pay 
over, or account for, the same; is guilty of felony. 

§471 Other violations of law. An officer or other person men- 
tioned in the last section who wilfully disobeys any provision of 
law regulating his official conduct, in cases other than those speci- 
fied in that section is guilty of a misdemeanor, punishable by a fine 
not exceeding $1000, or imprisonment not exceeding two years. 
or both. 

§473 A public officer or school officer, who is authorized to sell 
or lease any property, or to make any contract in his official ca- 
pacity, or to take part in making any such sale, lease or contract, 
who voluntarily becomes interested individually in such sale, lease 
or contract, directly or indirectly, except in cases where such sale, 
lease or contract, or payment under the same, is subject to audit 
or approval by the Superintendent of Public Instruction, is guilty 
of a misdemeanor. 

§485 Making false statement in reference to taxes. A person 
who, in making any statement, oral or written, which is required 
or authorized by law to be made as the basis of imposing any tax 
or assessment, or of an application to reduce any tax or assessment, 
wilfully makes, as to any material matter, any statement which he 
knows to be false, is guilty of a misdemeanor. 

§48 5a School district trustee not to draw draft on supervisor in 
certain cases. A school district trustee who issues an order or 
draws a draft on supervisor or collector for any money, unless there 
is at the time sufficient money in the hands of such supervisor or 
collector belonging to the district to meet such order or draft, is 
guilty of a misdemeanor. 

§505 Unlawfully entering building. A person who, under cir- 
cumstances or in a manner not amounting to a burglary, enters a 



l6o NEW YORK STATE EDUCATION DEPARTMENT 

building, or any part thereof, with intent to commit a felony or a 
larceny, or any malicious mischief, is guilty of a misdemeanor. 

§515 Other cases of forgery in third degree. A person who, with 
intent to defraud or to conceal any larceny or misappropriation by 
any person of any money or property, either 

1 Alters, erases, obliterates, or destroys an account, book of ac- 
counts, record, or writing, belonging to, or appertaining to the busi- 
ness of, a corporation, association, public office or officer, partner- 
ship, or individuals; or 

2 Makes a false entry in any such account or book of accounts ; 
or 

3 Wilfully omits to make true entry of any material particular 
in any such account or book of accoimts, made, written, or kept 
by him or under his direction ; is guilty of forgery in the third de- 
gree. 



Division of school commissioner districts — Erection of 

CHAPTER 686 

An act in relation to counties, constituting chapter 18 of the general 

laws 

Passed May 18, 1892 

THE COUNTY LAW 

Article Eleven — boards of supervisors 

§12 The board of supervisors shall: 

9 Divide any school commissioner's district within the county 
which contains more than 200 school districts, and erect therefrom 
an additional school commissioner's district, and when such district 
shall have been formed, a school commissioner for the district shall 
be elected in the manner provided by law for the election of school 
commissioners. 



GENERAL LAWS AND SPECIAL ACTS l6l 

CHAPTER J 362, LAWS OF 1895 

An act to provide that additional facilities for free instruction in natural 
history, geography and-kindred subjects, by means of pictorial represen- 
tation and lectures, may be furnished to the free common schools^of each 
city and village of the state that has, or may have, a superintendent of 
free common schools 

Became a law Ap. 19, 1895, with the approval of the Governor. Passed, 
three fifths being present 

The people of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

§1 The State Superintendent of Public Instruction is hereby 
authorized to furnish additional facilities for instruction in natural 
history, geography and kindred subjects, by means of pictorial 
representation and lectures, to the free common schools of each 
city and village of the state that has or may have a superintend- 
ent of free common schools. The local school authorities may, 
in their discretion, cause the aforesaid illustrated lectures to be 
repeated to their artisans, mechanics and other citizens on the 
legal holidays and at other times. Any institution instructing 
a teachers training class, or any union free school may have the 
free use of the apparatus provided by this act upon the payment 
to the superintendent of schools loaning the same of necessary 
expenses incurred in such use or for any loss or injury to said 
property. Said superintendent may, from time to time, establish 
the rules and regulations and make and enter into the contracts 
necessary for carrying out the provisions of this act. 

§2 The annual report of each school superintendent to the 
Department of Public Instruction shall contain a full statement 
of the extent to which the instructions described may be given 
and his judgment of the usefulness of the same. 

§3 The sum of $25,000 is hereby appropriated, from any moneys 
not otherwise appropriated, for the preparation for and the sup- 
port and maintenance of said instruction for the year beginning 
on the first day of January, 1895, payable by the Treasurer upon 
the warrant of the Comptroller, upon vouchers approved by the 
Superintendent of Public Instruction and audited by the Comp- 
troller, and the sum of $25,000 shall be appropriated annually 
thereafter, in the general appropration bill, for the preparation 
for and the support and maintenance of said instruction for the 
term of four years from the first day of January, 1895. 

§4 This act shall take effect immediately. 



l62 NEW YORK STATE EDUCATION DEPARTMENT 

Continuing free instruction in natural history, geography and 
kindred subjects, etc. 

CHAPTER 97, LAWS OF 1897 

An act to continue free instruction in natural history, geography and kindred 
subjects in certain institutions, and making an appropriation therefor 

Became a law March 23, 1897, with the approval of the Governor. Passed, 
three fifths being present 

§1 'The State Superintendent of Public Instruction is hereby au- 
thorized to enter into an agreement with the American Museum 
of Natural History, in the city of New York, for continuing the 
instruction of natural history, geography and kindred subjects in 
the several state normal schools, the Normal College of the City of 
New York, the training school for teachers in the city of Brooklyn, 
the teachers institutes in the different coimties of the state, and to 
the teachers in the common schools of the city of New York, Brook- 
lyn and vicinity, authorized by chapter 428 of the laws of 1886, by 
chapter 337 of the laws of 1888, by chapter 43 of the laws of 1891, 
and by chapter 6 of the laws of 1893, for the further term of four 
years from the ist day of January, 1897. 

§2 Said instruction may include free illustrated lectures to arti- 
sans, mechanics and other citizens, on such legal holidays as the 
State Superintendent and museum authorities may agree upon. 

§3 The sum of $18,000, payable from the free school fund, is 
hereby appropriated for the preparation for and the support and 
maintenance of said course of instruction, for the year beginning 
on the ist day of January, 1897; and the sum of $18,000 shall be 
appropriated annually thereafter in the general appropriation bill 
for the preparation for and the support and maintenance of said 
course of instruction during the term of the agreement authorized 
by this act. 



CHAPTER 489 

An act to provide that additional facilities for free instruction in natural his- 
tory, geography and kindred subjects, by means of pictorial representation 
and lectures, may be furnished to the free common schools of each city 
and village of the state that has, or may have, a superintendent of free 
common schools 

Took effect May 2, 1899 
§1 The State Superintendent of Public Instruction is hereby au- 
thorized to furnish additional facilities for instruction in natural 



GENERAL LAWS AND SPECIAL ACTS 1 63 

history, geography and kindred subjects, by means of pictorial rep- 
resentation and lectures, to the free common schools of each city 
and village of the state that has, or may have, a superintendent of 
free common schools. The local school authorities may, in their 
discretion, cause the aforesaid illustrated lectures to be repeated 
to their artisans, mechanics and other citizens on the legal holidays 
and at other times. Any institution instructing a teachers train- 
ing class, or any union free school, may have the free use of the ap- 
paratus provided by this act upon the payment to the superintend- 
ent of schools loaning the same of necessary expenses incurred in 
such use or for any loss or injury to said property. Said superin- 
tendent may, from time to time, establish the rules and regula- 
tions and make and enter into the contracts necessary for carrying 
out the provisions of this act. 

§2 The annual report of each school superintendent to the De- 
partment of Public Instruction shall contain a full statement of the 
extent to which the instructions described may be given and his 
judgment of the usefulness of the same. 

§3 The sum of $20,000 is hereby appropriated, from any moneys 
not otherwise appropriated, for the preparation for and the sup- 
port and maintenance of said instruction for the year beginning 
on the ist day of January, 1899, payable by the Treasurer upon 
the warrant of the Comptroller, upon vouchers approved by the 
Superintendent of Public Instruction and audited by the Comp- 
troller, and the sum of $20,000 shall be appropriated annually there- 
after, in the general appropriation bill, for the preparation for and 
the support and maintenance of said instruction for the term of 
four years from the ist day of January, 1899. 

§4 The State Superintendent of Public Instruction is hereby au- 
thorized, under such rules and regulations as he may establish, to 
permit the slides for illustrative teaching prepared under the pro- 
visions of this act, to be sold to such educational institutions of this 
state as give free instruction to a portion of their pupils, and are, or 
may be, hereafter chartered by special acts of the Legislature or or- 
ganized under the general laws of this state. 

§5 This act shall take effect immediately. 



164 NEW YORK STATE EDUCATION DEPARTMENT 

Normal schools 
CHAPTER 311 

[l ALBANY] 

An act for the establishment of a normal school 

Passed May 7, 1844 

§1 The Treasurer shall pay on the warrant of the Comptroller, 
to the order of the Superintendent of Common Schools, from that 
portion of the avails of the literature fund appropriated by chapter 
241 of the laws of 1834, to the support of academical departments 
for the instruction of teachers of common schools, the sum of $9600 ; 
which sum shall be expended imder the direction of the Superin- 
tendent of Common Schools, and the Regents of the University, in 
the establishment and support of a normal school for the instruc- 
tion and practice of teachers of common schools in the science of 
education and in the art of teaching, to be located in the county of 
Albany. 

§2 The sum of $10,000 shall, after the present year, be annually 
paid by the Treasurer on the warrant of the Comptroller, to the 
Superintendent of Common Schools, from the revenue of the litera- 
ture fund, for the maintenance and support of the school so estab- 
lished, for five years, and imtil otherwise directed by law. 

§3 The said school shall be under the supervision, management 
and government of the Superintendent of Common Schools and the 
Regents of the University. The said Superintendent and Regents 
shall from time to time, make all needful rules and regulations, to 
fix the number and compensation of teachers and others to be em- 
ployed therein, to prescribe the preliminary examination and the 
terms and conditions on which pupils shall be received and in- 
structed therein, the number of pupils from the respective cities 
and coimties, conforming as nearly as may be to the ratio of popu- 
lation, to fix. the location of the said school, and the terms and con- 
ditions on which the grounds and buildings therefor shall be rented, 
if the same shall not be provided by the corporation of the city of 
Albany, and to provide in all things for the good government and 
management of the said school. They shall appoint a board con- 
sisting of five persons, of whom the said Superintendent shall be 
one, who shall constitute an executive committee for the care, man- 
agement and government of the said school under the rules and 
regulations prescribed as aforesaid, whose duty it shall be from 
time to time to make full and detailed reports to the said Super- 
intendent and Regents, and among other things to recommend the 



GENERAL LAWS AND SPECIAL ACTS 165 

rules and regulations which they deem necessary and proper for the 
said school. 

§4 The Superintendent and Regents shall annually transmit to 
the Legislature a full account of their proceedings and expenditures 
of money under this act, together with a detailed report by said 
executive committee of the progress, condition and prospects of the 
school. 



The foregoing was the first provision made by law in this state 
for the establishment of any normal school. Though general in 
the sense of being for the benefit of the state, the school was located 
at Albany, and to provide uniformity in arrangement, the act is 
inserted here with other local acts relating to normal schools.^ The 
laws providing for the establishment of normal schools generally 
will follow. 

The preceding act was regarded as experimental and for a term 
of five years only. At the expiration of the term, the institution, 
still at the time the only one in the state, was permanently estab- 
lished by the following act: 



CHAPTER 318 

An act for the permanent establishment of the normal school 

Passed Ap. 12, 1848 

§1 The Treasurer shall pay on the warrant of the Comptroller, 
to the order of the State Superintendent of Common Schools, from 
the general fund, a sum not exceeding $15,000, to be expended in 
the erection of a suitable building for the accommodation of the 
State Normal School for the instruction and practice of teachers 
of common schools, in the science of education and the art of teach- 
ing. 

§2 The said building shall be erected under the direction of the 
executive committee of the school, upon the ground owned by the 
state, and lying in the rear of the geological rooms. 

§3 The said school shall be as heretofore, under the supervision, 
management and government of the State Superintendent of Com- 
mon Schools, and the Regents of the University. The said Super- 
intendent and Regents shall from time to time, make all needful 
rules and regulations, to fix the number and compensation of teach- 

^ At a meeting of the Regents of the University held Mar. 13, 1890, the corporate name of 
the Albany Normal School was changed to the New York State Normal College. 



1 66 NEW YORK STATE EDUCATION DEPARTMENT 

ers and others to be employed therein ; to prescribe the preliminary 
examination, and the terms and conditions on which pupils shall 
be received and instructed therein ; the number of pupils from the 
respective counties conforming as nearly as may be to the ratio of 
population, and to provide in all things for the good government 
and management of the said school. They shall appoint a board 
consisting of five persons, of whom the said Superintendent shall 
be one, who shall constitute an executive committee for the care, 
management and government of said school, under the rules and 
regulations prescribed as aforesaid, whose duty it shall be from 
time to time to make full and detailed reports to the said Super- 
intendent and Regents, and among other things to recommend the 
rules and regulations which they deem necessary and proper for 
the said school. 

§4 The Superintendent and Regents shall annually transmit to 
the Legislature a full account of their proceedings and of the ex- 
penditures of money under this and previous acts, together with a 
detailed report of the progress, condition and prospects of the 
school. 



CHAPTER 466 
An act in regard to normal schools 

Passed Ap. 7, 1866 

§1 The Governor, the Lieutenant Governor, the Secretary of 
State, the Comptroller, the State Treasurer, the Attorney General 
and the Superintendent of Public Instruction, shall constitute a 
commission to receive proposals in writing in regard to the estab- 
lishment of normal and training schools for the education and dis- 
cipline of teachers for the common schools of this state from the 
board of supervisors of any county in this state; from the cor- 
porate authority of any city or village, from the board of trustees 
of any college or academy, and from one or more individuals. 
Such commission shall have power to accept or refuse such pro- 
posals, but the number accepted shall not exceed four. Such pro- 
posals shall contain specifications for the purchase of lands and 
the erection thereon of suitable buildings for such schools, or for 
the appropriation of land and buildings to such use, and also the 
furnishing of such schools with furniture, apparatus, books and 
everything necessary to their support and management. Such 
proposals may have in view either the grant and conveyance of 
such land and premises to the state, or the use of the same for a 



GENERAL LAWS AND SPECIAL ACTS 167 

limited time, and for the gift to the state of furniture, apparatus, 
books and other things necessary to conduct such schools. 

§2 If the proposals made by any board of supervisors or by the 
corporate authorities of any city or village shall be accepted, said 
board or corporate authorities shall have power to raise by tax 
and expend the money necessary to carry the same into effect, and 
if in their judgment it shall be deemed expedient, they shall have 
power to borrow money for such purpose, for any time not exceed- 
ing 10 years, and at a rate of interest not exceeding 7 per cent and 
issue the corporate bonds of said county, city or village therefor. 

^ ^§3 When the said commission shall have accepted proposals 
and determined the location of any one of such schools, and when 
suitable grounds and buildings have been set apart and appro- 
priated for such schools, and all needful preparations made for 
opening same in accordance with the proposals accepted, the com- 
mission shall certify the same in writing, and then their power 
under this act in relation to such school shall cease, and thereupon 
the Superintendent of Public Instruction shall appoint a local 
board, consisting of not less than three persons, who shall, respect - 
tively, hold their offices imtil removed by the concurrent action of 
the Chancellor of the University and the Superintendent of Public 
Instruction, and who shall have the immediate supervision and 
management of such school, subject, however, to his general super- 
vision and to his direction in all things pertaining to the school. 
Such local board shall have power to appoint one of their number 
chairman, one secretary and another treasurer of the board. The 
secretary may also be treasurer. The treasurer shall give an 
imdertaking to the people of the state for the faithful performance 
of his trust, in an amount fixed by the Superintendent of Public 
Instruction. The undertaking shall be approved by the Superin- 
tendent and filed in the office of the Comptroller. The secretary 
and the treasurer shall each be paid an annual salary to be fixed 
by the local board, with the approval of the Superintendent of 
Public Instruction, but the aggregate amount of such salaries shall 
not exceed $400. A majority of each of said boards shall form a 
quorum for the transaction of business, and in the absence of any 
officer of the board, another member may be appointed pro tempore 
to fill his place and perform his duties. It shall be the duty of 
such board to make and establish, and from time to time to alter 
and amend, such rules and regulations for the government of such 

' As amended by section i, chapter 224, laws of 1897. 
' As amended by section i, chapter 472, laws of igoi. 



1 68 NEW YORK STATE EDUCATION DEPARTMENT 

schools under their charge, respectively, as they shall deem best, 
which shall be subject to the approval of the Superintendent of 
Public Instruction. They shall also severally transmit through 
him, and subject to his approval, a report to the Legislature on 
the ist day of January in each year, showing the condition of the 
school under their charge during the year next preceding, and 
which report shall be in such form and contain such an account of 
their acts and doings as the Superintendent shall direct, including, 
especially, an accoimt in detail of their receipts and expenditures, 
which shall be duly verified by the oath or affirmation of their chair- 
man and secretary. 

§4 It shall be the duty of the local board, subject to the approval 
of the Superintendent of Public Instruction, to prescribe the course 
of study to be pursued in each of said schools. It shall be the duty 
of the Superintendent of Public Instruction to determine what 
number of teachers shall be employed in each school, and their 
wages, whose employment shall also be subject to his approval; 
to order, in his discretion, that one or more of said schools shall be 
composed exclusively of males and one or more of females; to 
decide upon the number of pupils to be admitted to each of said 
schools, and to prescribe the time and manner of their selection, 
but he shall take care in such selection to provide that every part 
of the state shall have its proportionate representation in such 
school as near as may be according to population ; but if any school 
commissioner district or any city, shall not, for any cause, be fully 
represented in either of said schools, then the Superintendent of 
Public Instruction may cause the maximum number of such pupils 
to be supplied from any part of the state, giving preference, how- 
ever, to those living in the county, city or village where such school 
is situated. 

'§5 All applicants for admission shall be residents of this state, 
or, if not, they shall be admitted only upon the payment of such 
tuition fees as shall be, from time to time, prescribed by the Super- 
intendent of Public Instruction. Applicants shall present such 
evidences of proficiency or be subject to such examination at the 
school as shall be prescribed by said Superintendent. From and 
after the 20th day of August, 1889, it shall not be lawful for any 
such school to receive into any academic department connected 
therewith, any pupil not a resident of the territory, for the benefit 
or advantage of whose residents the state has pledged itself to 
maintain such academic department. When admitted, students, 

'As amended by chapter 142, laws of 1880. 



GENERAL LAWS AND SPECIAL ACTS 169 

unless they are students in the academic or practice department 
or are nonresidents, shall be entitled to all the privileges of the 
school, free from all charges for tuition or for the use of books or 
apparatus, but every pupil shall pay for books lost by him, and 
for any damage to books in his possession ; any pupil may be dis- 
missed from the school by the local board for immoral or disorderly 
conduct, or for neglect or inability to perform his duties. 

§6 The Superintendent of Public Instruction shall prepare suit- 
able diplomas to be granted to the students of such school, who 
shall have completed one or more of the courses of study and dis- 
cipline prescribed, and a diploma signed by him, the chairman 
and secretary of the local board and the principal of the school, 
shall be of itself a certificate of qualification to teach common 
schools, but such diploma may be annulled for the immoral con- 
duct of its holder in like manner as provided for the annulment 
of a diploma of state normal school, in title 2, chapter 555, of the 
laws of 1864. The provisions of this section shall be applicable to 
the Oswego Normal Training School. 

§7 The sum of $12,000 shall be annually and is hereby appro- 
priated for the support of each said normal and training schools 
to be organized imder this act, payable out of the income of the 
common school iwid, to be paid by the Treasurer, on the warrant 
of the Comptroller upon the certificate of the Superintendent of 
Public Instruction affixed to the proper accoimts verified by the 
oath or affirmation of the local board of each school; but none of 
the money hereby appropriated shall be paid for the purchase of 
any groimd, site or buildings for the use of such schools. 

*§8 Local boards appointed under this act shall consist of not 
more than 13 persons, and the office of any member of any such 
local board, which now consists of more than 13 members, is hereby 
declared vacant; and the said Superintendent of Public Instruc- 
tion shall appoint a new local board, and may fill, by appointment, 
all vacancies occurring in said local boards. Until the appoint- 
ment of such new local board, and imtil a quorum of such board 
shall have entered upon the discharge of its duties, and during such 
time as any local board shall omit to discharge its duties, the said 
Superintendent is authorized to discharge the duties of such local 
boards or any of its officers ; and the acts of said Superintendent in 
the premises shall be as valid and as binding as if done by a com- 
petent local board or its officers, or with their cooperation. 

^ Added by chapter 18, laws of 1869. 



170 NEW YORK STATE EDUCATION DEPARTMENT 

*§9 The local board of control of the state normal school at 
Fredonia shall have the same powers and privilege in respect to 
practice departments as boards of education, imder subdivision 3 
of section 15 and section 16 of title 8 of the consolidated school 
law. 



State normal and training schools were established under the 
provisions of the foregoing act and special acts, as follows: 

Brockport. Chapters 21 and 96, laws of 1867. 

Buffalo. Chapter 583, laws of 1867. 

Cortland. Chapter 199, laws of 1867; chapter 174, laws of 1868. 

Fredonia. Chapter 223, laws of 1867. 

Geneseo. Chapter 195, laws of 1867; chapter 601, laws of 1868, 
and chapter 294, laws of 187 1. 

Oswego. Chapter 418, laws of 1863, as amended by chapter 445, 
laws of 1865; chapter 170, laws of 1.867. 

Potsdam. Chapter 6, laws of 1867. 

New Paltz. Chapter 287, laws of 1885. 

Oneonta. Chapter 374, laws of 1887. 

Plattsburg. Chapter 517, laws of 1889. 

2 Jamaica. Chapter 553, laws of 1893. 

Note. There is also a normal college in the city of New York and training schools in other 
cities of the state maintained by local authorities. 



Custody and preservation of normal school buildings 

CHAPTER 348 

An act concerning the grounds, buildings and property of the state provided 
for normal schools, the custody, protection and preservation of the same, 
and the powers of local boards in relation thereto 

Passed May 20, 1880 

§1 The local boards of managers of the respective normal schools 
in this state shall have the custody, keeping and management of 
the grounds and buildings provided or used for the purposes of 
such schools, respectively, and other property of the state per- 
taining thereto, with power to protect, preserve and improve the 
same. 

^§2 [Section 2 providing for the pimishment for wilful trespass, 
repealed by subdivision 55 of section i of chapter 593, laws of 1886.] 

§3 For the purpose of protecting and preserving such buildings, 
grounds and other property, and preventing injuries thereto, and 

' Added by chapter 677, laws of 1904. 

'^ Transferred to the city of New York by chapter 524, laws of 1905. 

3 Chapter 14 of the Penal Code provides a penalty for such offenses. 



GENERAL LAWS AND SPECIAL ACTS I /I 

preserving order, preventing disturbances, and preserving the 
peace in such buildings and upon such grounds, the local board of 
managers of each of said normal schools shall have power, by 
resolution or otherwise, to appoint, from time to time, one or more 
special policemen, and the same to remove at pleasure, who shall 
be police officers, with the same powers as constables of the town 
or city where such school is located, whose duty it shall be to pre- 
serve order, and prevent disturbances and breaches of the peace 
in and about the buildings, and on and about the grounds used for 
said school, or pertaining thereto, and protect and preserve the 
same from injury, and to arrest any and all persons making any 
loud or unusual noise, causing any disturbance, committing any 
breach of the peace, or misdemeanor or any wilful trespass upon 
such grounds, or in or upon said buildings, or any part thereof, 
and convey such person or persons so arrested, with^ a statement 
of the cause of the arrest, before a proper magistrate to be dealt with 
according to law. 

§4 This act shall take effect immediately. 



Insurance of property of normal schools 

CHAPTER 443 

An act to amend chapter ii6 of the laws of 1882, entitled "An act author- 
izing the local board of the state normal schools of this state to insure the 
buildings and property belonging to said schools for the benefit of the state" 

Became a law May 3, 1894, with the approval of the Governor. Passed, 
three fifths being present 

§1 Section i of chapter 116 of the laws of 1882, entitled "An 
act authorizing the local boards of the state normal schools of this 
state to insure the buildings and property belonging to said schools 
for the benefit of the state," is hereby amended so as to read as 
follows : 

§1 The local board of each state normal school of this state is 
hereby authorized to insure and keep insured for the benefit of the 
state all the real and personal property belonging to said school, 
and to pay for the same out of any money or moneys appropriated 
by the state, from time to time, for the maintenance of said school ; 
and any insurance already effected by any such board is hereby 
ratified and confirmed. 

§2 This act shall take effect immediately. 



172 NEW YORK STATE EDUCATION DEPARTMENT 

Insurance money 

CHAPTER 488 

An act for the disposition and use of insurance moneys received for loss or 
damage of property in the state normal and training schools 

Became a law May 4, 1894, with the approval of the Governor. Passed, 
three fifths being present 

§1 Where any loss or damage, against which insurance exists, 
occurs to the real or personal property of any of the normal and 
training schools of the state, the moneys realized from such insur- 
ance shall be deposited by each company in which such property 
is insured in a bank to be designated by the State Comptroller, 
subject to the check of the local board of managers of such school, 
coimtersigned by the State Comptroller, and shall be kept as a 
separate fund to the credit of the local board of managers of such 
school, and shall be immediately available to be expended under 
the direction of such local board of managers, subject to the ap- 
proval of the State Superintendent of Public Instruction, to repair 
or replace, wholly or partially, the real or personal property so 
damaged or destroyed. 

§2 This act shall take effect immediately. 



Indians — Appointments to normal schools 

CHAPTER 89 

An act to provide for the support and education of a limited number of Indian 
youth, of the State of New York, at the state normal school 

Passed Mar. 23, 1850 

§1 The Treasurer shall pay, on the warrant of the Comptroller, 
to the order of the State Superintendent of Common Schools, from 
the general fund, a sum not exceeding $1000 per year, for the sup- 
port and education of 10 Indian youth in the State Normal School, 
which moneys are hereby appropriated for the purpose of this act. 

§ 2 The selection of such youth shall be made by the State Super- 
intendent of Common Schools, from the several Indian tribes 
located within this state; and in making such selection due regard 
shall be had to a just participation in the privileges of this act by 
each of the said several tribes, and, if practicable, reference shall 
also be had to the population of each of said tribes in determining 
such selection. 



GENERAL LAWS AND SPECIAL ACTS 173 

§3 Such youth shall not be under i6 years of age, nor shall any 
of such youth be supported or educated at said normal school for 
a period exceeding three years. 



Tuition money in normal schools — How to be used 
'CHAPTER 492 
Tuition money may be spent for current expenses, etc. The 

local boards of the several state normal schools are hereby author- 
ized to expend, under the direction of the Superintendent of Pub- 
lic Instruction, the moneys now on hand received for tuition in any 
of the departments of the respective schools, and the moneys here- 
after to be received for such tuition, for apparatus, repairs, insur- 
ance, furniture or other improvements upon the groimds or build- 
ings, or for the ordinary expenses of the respective schools. 



Normal schools — Local boards of, to accept money or property 
for benefit of such school 

CHAPTER 165 

An act to authorize the local board of any state normal and training school 
of this state to accept money or other property, for the benefit of such 
school . 

Passed Mar. 30, 1896 

§1 By and with the sanction and consent of the Superintendent 
of Public Instruction of this state, it shall be lawful for the local 
board of managers of any state normal and training school of this 
state, to accept, for the state, the gift, grant, devise or bequest of 
money or other property, and to apply the same to any purpose, 
not inconsistent with the general purposes of such school, which 
shall be prescribed in the instrument by which such gift, grant, de- 
vise or request shall be made. 

§2 This act shall take effect immediately. 

* From the supply bill, laws of 1870. 



174 NEW YORK STATE EDUCATION DEPARTMENT 

CHAPTER 252, LAWS OF 1905 

An act authorizing villages and cities to insure normal schools 

Became a law Ap. 21, 1905, with the approval of the Governor. Passed, 
three fifths being present 

The people of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

§1 It shall be lawful for each village and city in this state, where- 
in is locate^ a state normal and training school, to insure and keep 
insured, the real and personal property of such school against loss 
or damage by fire, when the state refuses to insure, or keep ade- 
quately insured, such property. The insurance is to be in the 
name of the state, and in case of loss, any moneys obtained from 
such insurance are to be used and disposed of the same as if the 
state had effected such insurance. The amount of insurance to be 
carried shall be determined by the municipal authorities of such 
village or city. 

§2 The amount of money necessary to eflPect and continue such 
insurance shall be raised annually by such village or city at the 
same time, and in the same manner, as the ordinary expenses of 
the village or city are raised. 

§3 This act shall take effect immediately. 



CHAPTER 519, LAWS OF 1905 

An act to amend the labor law relating to children working in streets and 
public places in cities of the first and second classes 

Became a law May 17, 1905, with the approval of the Governor. Passed, 
three fifths being present 

The people of the state of New York, represented in Senate and 
Assembly, do enact as follows: 

§1 Sections 174, 177 and 179a of article 12 of chapter 415 of the 
laws of 1897, entitled "An act in relation to labor, constituting 
chapter 32 of the general laws," as amended by chapter 151 of the 
laws of 1903, are hereby amended to read as follows: 

§174 Prohibited employment of children [in street trades. No 
male child imder 10, and no girl tinder 16 years of age shall in any 
city of the first or second class sell or expose or offer for sale news- 
papers in any street or public place. 

^ So in the original. 



GENERAL LAWS AND SPECIAL ACTS 1 75 

§177 Regulations concerning badge and permit. The badge 
provided for herein shall be worn conspicuously at all times by 
such child while so working; and such permit and badge shall 
expire at the end of one year from the date of their issue. No 
child to whom such permit and badge are issued shall transfer the 
same to any other person nor be engaged in any city of the first or 
second class as a newsboy, or shall sell or expose or offer for sale 
newspapers in any street or public place without having upon his 
person such badge, and he shall exhibit the same upon demand at 
any time to any police, or attendance officer. 

§i79a Violation of this article^ how punished. Any child who 
shall work in any city of the first or second class in any street or 
public place as a newsboy or shall sell or expose or offer for sale 
newspapers under circumstances forbidden by the provisions of 
this article, must be arrested and brought before a court or magis- 
trate having jurisdiction to commit a child to an incorporated 
charitable reformatory or other institution and be dealt with 
according to law ; and if any such child is committed to an institu- 
tion, it shall when practicable, be committed to an institution gov- 
erned by persons of the same religious faith as the parents of such 
child. 

§2 Nothing in this act contained shall be deemed or construed 
to repeal, amend, modify, impair or in any manner, affect any pro- 
vision of the Penal Code or the Code of Criminal Procedure. 

§3 This act shall take effect Sep. i, 1905. 



CHAPTER 546, LAWS OF 1904 

An act to amend the town law, relative to fees for services of supervisors 

Became a law May 3, 1904, with the approval of the Governor. Passed, 
three fifths being present 

The people of ihe state of New York, represented in Senate and 
Assembly, do enact as follows: 

§1 Section 178 of chapter 569 of the laws of 1890, entitled "An 
act in relation to towns, constituting chapter 20 of the general 
laws," is hereby amended by adding thereto a new subdivision to 
be known as subdivision 3 and to read as follows: 

3 The supervisor of each town, except in the counties of Orange 
and Yates, shall be allowed and paid, in the same manner as other 
town charges are allowed and paid, a fee of i per centum on all 



176 NEW YORK STATE EDUCATION DEPARTMENT 

moneys paidbut by him as such supervisor, including school moneys 
disbursed by him as provided in the consolidated school law, moneys 
paid out by him for damages arising from dogs killing or injuring 
sheep as provided in article 6 of the county law, moneys in his 
hands paid out by him for the relief of the poor, and all other town 
moneys paid out by him for defraying town charges, except moneys 
paid out by him upon the order of the highway commissioner pur- 
suant to section 53 of the highway law. But no such fees shall be 
allowed or paid upon moneys paid over by him to his successor in 
office. Such fees shall be in full compensation for all services 
rendered by him in respect to moneys received and paid out by 
him as such supervisor as provided by law. 
§2 This act shall take effect immediately. 



CHAPTER 568, LAWS OF 1904 

An act to amend section 131, chapter 689, of the laws of 1892 of the banking 
laws for the purpose of authorizing the organization of school savings 
banks in the public schools of this state 

Became a law May 3, 1904, with the approval of the Governor. Passed, 
three fifths being present 

The people of the state of New York, represented in Senate and 
Assembly, do enact as follows: 

§1 Section 131 as of chapter 689 of the laws of 1892, entitled 
"An act in relation to banking corporations," is hereby amended 
to read as follows: 

§131 Advertisements of unauthorized savings banks prohibited. 

No bank, banking association, individual banker, firm, association, 
corporation, person or persons shall advertise or put forth a sign 
as a savings bank, or in any way solicit or receive deposits as a sav- 
ings bank, except that it shall be lawful for the principal or super- 
intendent of any public school or schools in the State of New York 
or for any persons designated for that purpose by the board of edu- 
cation or other school authority in which such school shall be situ- 
ated to collect once a week or from time to time, small amounts of 
savings from the pupils of said school, the same to be deposited by 
said principal or superintendent on the day of collection in some 
savings banks in the state to the credit of the respective pupils 
from whom the money shall be collected, or if the amount collected 



GENERAL LAWS AND SPECIAL ACTS 177 

at any one time shall be deemed insufficient for the opening of in- 
dividual accounts, in the names of said principal or superintend- 
ent, in trust, and to be by him eventually transferred to the credit 
of the respective pupils to whom the same belongs. In the mean- 
time, said principal or superintendent shall furnish to the bank a 
list giving the names, signatures, addresses, ages, places of birth, 
parents' names and such other data concerning the respective pupils 
as the bank may require, and it shall be lawful to use the words 
"system of school savings banks" or "school savings banks" in 
circulars, reports and other printed or written matter used in con- 
nection with the purposes of this law. Any bank, banking asso- 
ciation, individual banker, firm, association, corporation, person 
or persons violating this provision shall forfeit to the people of the 
state for every offense the sum of |ioo for every day such offense 
shall be continued. 

§2 This act shall take effect immediately. 

§4 The executive committee of the state normal school shall be 
the guardians of such Indian youth, during the period of their con- 
nection with the school; and shall pay their necessary expenses, 
not to exceed $ioo per year for each pupil, to be defrayed out of 
the money appropriated by the first section of this act. 

§5 The Indian pupils selected in pursuance of this act, and at- 
tending said normal school, shall enjoy the same privileges, of 
every kind, as the other pupils attending said school, including the 
payment of traveling expenses, not exceeding $io to each pupil. 



CHAPTER 222, LAWS OF 1895 

An act to provide for the purchase and display of United States flags in con- 
nection with the public schools of the state 

Became a law Ap. 3, 1895, with the approval of the Governor. Passed, 
three fifths being present 

The people of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

§1 The school authorities of every public school in the several 
cities and school districts of this state shall purchase a United States 
flag, flagstaff and the necessary appliances therefor, and shall dis- 
play such flag upon or near the public school building during 
school hours, and at such other times as the school authorities 
may direct. The necessary funds to defray the expense incurred 



178 NEW YORK STATE EDUCATION DEPARTMENT 

by this act shall be assessed and collected in the same manner as 
moneys for public school purposes are now raised by law. 
§2 This act shall take effect immediately. 



CHAPTER 481, LAWS OF i8g8 

An act to provide for the display of the United States flag on the schoolhouses 
of the state, in connection with the public schools; and to encourage 
patriotic exercises in such schools 

Became a law Ap. 25, 1898, with the approval of the Governor. Passed, 
three fifths being present 

The people of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

§1 It shall be the duty of the school authorities of every public 
school in the several cities and school districts of the state to 
purchase a United States flag, flagstaff and the necessary appli- 
ances therefor, and to display such flag upon or near the public 
school' building during school hours, and at such other times as 
such school authorities may direct. 

§2 The said school authorities shall establish rules and regu- 
lations for the proper custody, care and display of the flag, and 
when the weather will not permit it to be otherwise displayed, 
it shall be placed conspicuously in the principal room in the school- 
house. 

§3 It shall be the duty of the State Superintendent of Public 
Instruction to prepare, for the use of the public schools of the 
state, a program providing for a salute to the flag at the opening 
of each day of school and such other patriotic exercises as may 
be deemed by him to be expedient, under such regulations and 
instructions as may best meet the varied requirements of the dif- 
ferent grades in such schools. It shall also be his duty to make 
special provision for the observance in such public schools of 
Lincoln's birthday, Washington's birthday, Memorial day and 
Flag day, and such other legal holidays of like character as may 
be hereafter designated by law. 

§4 The State Superintendent of Public Instruction is hereby 
authorized to provide for the necessary expenses incurred in 
developing and encouraging such patriotic exercises in the public 
school. 



GENERAL LAWS AND SPECIAL ACTS 1/9 

§5 Nothing herein contained shall be construed to authorize 
military instruction or drill in the public schools during school 
hours. 

§6 This act shall take effect immediately. 



CHAPTER 232, LAWS OF 1895 

An act in relation to gospel funds and school lots in the several towns and 

counties of the state 

Became a law Ap. 4, 1895, with the approval of the Governor. Passed, 
three fifths being present 

The people of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

§1 It shall be lawful for the supervisor of any town having 
money arising from the sale of gospel lands, and known as gospel 
funds, to apportion such among the several school districts of 
his respective town as hereinafter provided. 

§2 Any town having a gospel fund of $500 or less may appor- 
tion such fund with the consent and approval of a majority of the 
town board of such town. 

§3 Any town having a gospel fund of more than $500 may 
apportion such fund in like manner by a vote at any annual or spe- 
cial town meeting. 

§4 Where such apportionment is made, the supervisor shall 
pay to the trustees of the several school districts of his town its 
pro rata share according to the aggregate school attendance of 
each school district in the preceding year. 

§5 The trustees of such school districts shall execute and file 
with the supervisor of such town a bond of twice the amount of 
such apportionment, with sufficient sureties, to be approved by 
such supervisor. 

§6 Such trustees, upon the receipt of such money, shall apply 
the same for such purposes as the school district in annual or special 
meeting shall decide. 

§7 This act shall take effect immediately. 



l8o NEW YORK STATE EDUCATION DEPARTMENT 

CHAPTER 550, LAWS OF 1895 
An act in relation to a biennial school census 

Became a law May 7, 1895, with the approval of the Governor, Passed, 
three fifths being present 

The people of the State of New York, represented in Senate and 
Assembly, do enact as folloivs: 

§1 It shall be the duty of the State Superintendent of Public 
Instruction, to take or cause to be taken, in the next ensuing 
October after the enactment of this law, and thereafter in every 
second year in the month of October, a school census, in all towns 
and cities of the state having a population of 10,000 or upwards; 
which shall ascertain the following facts, and he shall embody a 
summary of the same in his annual report, for the year in which 
said census is taken, viz, the names and ages of all persons between 
the ages of 4 and 16; the number of persons in each town or city 
coming within the application of this law; between the ages of 
12 and 21 years, that are unable to read or write; the number 
of persons over 4 and under 16 years of age who do not attend 
school because they are obliged to work within school hours; 
the number of persons between 4 and 16 years who are attend- 
ing other than public schools ; and such other facts as in his judg- 
ment may be of importance in securing the information needed 
to carry out the requirements of article 9, section i of the state 
Constitution, or for the improvement of the common school system. 

§2 In taking this school census, the Superintendent of Public 
Instruction is authorized to determine the work to be done by 
all the common school authorities and employees under his super- 
intendency, and it shall- be the duty of all such authorities and 
public officers having any civil authority in connection with the 
common school administration of the state or of said city or town, 
to aid said Superintendent in all proper ways in the discharge of 
his duties under this act. 

§3 Whoever, being any parent or person having under his or 
her control, or in his or her charge, a child between the ages of 
4 and 16 years, refuses or withholds information in his or her 
possession, sought by said Superintendent or his representative 
for the purpose of a school census, or falsifies in regard to the 
same, shall be liable to and punished by fine not exceeding $20, 
or by imprisonment not exceeding 30 days. 



GENERAL LAWS AND SPECIAL ACTS l8l 

§4 The money required for the purpose of carrying this act into 
effect shall be paid by the towns and cities respectively included 
in the provisions of the act, and shall be paid for the service ren- 
dered in taking the school census, on the certificate of the State 
Superintendent that such census has been satisfactorily taken. 

§5 This act shall take effect immediately. 



CHAPTER 768, LAWS OF 1895 

An act authorizing the State Superintendent of Public Instruction to appoint 
his chief clerk as second deputy 

The people of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

§1 The State Superintendent of Public Instruction is hereby au- 
thorized to appoint his chief clerk as Second Deputy Superintend- 
ent of Public Instruction, who shall have power to perform the 
duties of the deputy superintendent of public instruction ; and such 
second deputy shall not receive any extra salary by reason of such 
appointment. 

§2 This act shall take effect immediately. 



CHAPTER 573, LAWS OF 1892 
An act for the encouragement of common schools and public libraries 

Approved May 14, 1892 

Sections i to 8, inclusive, of the above entitled chapter are con- 
tained in and constitute title 13 of the consolidated school law of 
1894, chapter 556 of the laws of 1894, relating to "common schools 
and pubUc libraries." 

*§9 The sum of $55,000 directed to be distributed to the several 
cities and school districts of the state by section 4 of chapter 237 
of the laws of 1838, shall continue to be appropriated and shall be 
known as school library moneys and shall be applied to the pur- 
chase of books for the formation or extension of common school 
libraries, and for the necessary expenses of the state school library 
for the benefit and free use of the teachers of the state, to be cir- 
culated \mder such rules and regulations as the State Superintendent 
of Public Instruction may establish. All payments for said state 

^ As amended by section i, chapter 546. laws of 1895. 



1 82 NEW YORK STATE EDUCATION DEPARTMENT 

school library shall be made by the Treasurer upon the warrant of 
the Comptroller, upon bills approved by the State Superintendent 
of Public Instruction. 

§io For the fiscal year beginning Oct. i, 1892, but not thereafter, 
out of said $55,000, school library money, there shall be paid $25,000 
for pubUc library money, and said $25,000 shall be paid by the 
Treasurer, on the warrant of the Comptroller, according to an ap- 
portionment to be made for the benefit of free libraries by the 
Regents in accordance with their rules and authenticated by the 
University seal ; provided that none of this money shall be spent for 
books except those approved or selected and furnished by the Re- 
gents; that no locality shall share in the apportionment imless it 
shall raise for the same purpose not less than an equal amount 
from taxation or other local sources ; that for any part of the appor- 
tionment not payable directly to the library trustees the Regents 
shall file with the Comptroller proper vouchers showing that it has 
been spent in accordance with law exclusively for books for free 
public libraries or for proper expenses incurred for their benefit; 
and the books paid for by the state shall be subject to return to 
the Regents whenever the library shall neglect or refuse to con- 
form to the ordinances imder which it secured them. 

§11 Repeals. Section 4, chapter 237 of the laws of 1838 is here- 
by repealed, and sections i to 9 of this act are hereby substituted 
for title 8, of chapter 555 of the laws of 1864, which said title 8 is 
hereby repealed; and all other acts repugnant to or inconsistent 
with the provisions of this act are, so far as they are so inconsistent, 
hereby repealed. 

§ 1 2 This act shall take effect immediately. 



CHAPTER 668, LAWS OF 1904 

An act to encourage local school authorities in establishing school libraries 
for use in the common schools 

Became a law May 9, 1904, with the approval of the Governor. Passed, 
three fifths being present 

The people of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

§i The sum of $45,000 is hereby appropriated for the establish- 
ment and extension of school libraries for use in the common schools 
in addition to all sums otherwise appropriated therefor, and the 
moneys herein appropriated, together with any other money that 



GENERAL LAWS AND SPECIAL ACTS 183 

may be available or that may hereafter be appropriated for that 
purpose, shall be distributed and expended in accordance with 
regulations prescribed by the Commissioner of Education, pro- 
vided that every city and school district which shall share in the 
distribution thereof shall- raise by tax or otherwise and shall ex- 
pend for the same purpose a sum at least equal to that granted 
such city or school district from state funds. 

§2 All moneys granted for school libraries shall be paid by the 
State Treasurer on the warrant of the Comptroller on the certifi- 
cate of the Commissioner of Education to the treasurers or cham- 
berlains of the respective cities and to the fiscal officers of the 
school districts entitled thereto ; and shall be used only in the pur- 
chase of such books as shall have been approved by the Commis- 
sioner of Education, 

§3 The Commissioner of Education may on request of local 
school authorities select or buy books for any library or school 
under his supervision. 

§4 This act shall take effect immediately. 



CHAPTER 1031, LAWS OF 1895 
An act to encourage and to promote the professional training of teachers 

^§1 The board of education or the public school authorities of 
any city or of any village employing a superintendent of schools, 
may establish, maintain, direct and control one or more schools or 
classes for the professional instruction and training of teachers in 
the principles of education and in the method of instruction for not 
less than 38 weeks in each school year. 

^§2 Toward the maintenance and support of these schools and 
classes established pursuant to this act, or heretofore estabHshed 
and maintained for similar purposes, and whose requirements for 
admission and whose course of studies are made with the approval 
of the State Superintendent of Public Instruction, and imder 
whose direction such classes shall be conducted, the said Superin- 
tendent is hereby authorized and directed in each year to set apart, 
to apportion, and to pay from the free school fund $1 for each 
v/eek of instruction of each pupil, and the sum of $40,000 is hereby 
appropriated to carry out the provisions of this act until the close 
of the school year of 1897. Such apportionment and payment 

1 As amended by chapter 495, laws of 1897. 
' As amended by chapter 646. laws of 1896. 



184 NEW YORK STATE EDUCATION DEPARTMENT 

shall be made upon the report of the local superintendent of schools' 
filed with the State Superintendent of Public Instruction , who shall 
draw his warrant upon the State Treasurer for the amount appor- 
tioned. 

§3 If the total sum to be apportioned and to be paid, as provided 
by section 2 of this act, shall in anyone year exceed the said sum of 
$100,000, the said State Superintendent of Public Instruction shall 
apportion to each school and class its pro rata of said sum upon the 
basis described in section 2 of this act, 

§4 After Jan. i, 1897, no person shall be employed or licensed to 
teach in the primary and grammar schools of any city authorized 
by law to employ a superintendent of schools, who has not had suc- 
cessful experience in teaching for at least three years, or, in lieu 
thereof, has not completed a three years course in, and graduated 
from a high school or academy having a course of study of not less 
than three years, approved by the State Superintendent of Public 
Instruction, or from some institution of learning of equal or higher 
rank, approved by the same authority, and who, subsequently to 
such graduation, has not graduated from a school or class for the 
professional training of teachers, having a course of study of not 
less than 38 weeks, approved by the State Superintendent of Pub- 
lic Instruction. Nothing in this act shall be construed to restrict 
any board of education of any city from requiring such additional 
qualifications of teachers as said board may determine; nor shall 
the provisions of this act preclude the board of education of any 
city or village from accepting the diploma of any state normal and 
training school of the State of New York, or a state certificate ob- 
tained on examination, as an equivalent for the preparation in 
scholarship and professional training herein required. 

§5 All acts and parts of acts inconsistent with this act are hereby 
repealed. 

§6 This act shall take effect immediately. 



GENERAL LAWS AND SPECIAL ACTS 185 

CHAPTER 492, LAWS OF 1900 

An act to secure equal rights to colored children in the State of New York, 
and to repeal section 28, article 11, title 15, of chapter 556 of the laws of 
1894, entitled "The consolidated school law " 

Became a law Ap. 18, 1900, with the approval of the Governor. Passed, 
three fifths being present 

The people of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

§1 No person shall be refused admission into or be excluded 
from any public school in the State of New York on account of 
race or color. 

§2 Section 28, article 11, title 15 of chapter 556 of the laws of 
1894, which reads as follows: "The school authorities of any city 
or incorporated village the schools of which are or shall be organ- 
ized under title 8 of this act, or under special act, may, when they 
shall deem it expedient, establish a separate school or separate 
schools for instruction of children and youth of African descent 
resident therein, and over 5 and under 21 years of age; and such 
school or schools shall be supported in the same manner and to the 
same extent as the school or schools supported therein for white child- 
ren and they shall be subject to the same rules and regulations, and be 
furnished facilities for instruction equal to those furnished to the 
white schools therein," is hereby repealed. 

§3 This act shall take effect on the first day of September, 1900. 



CHAPTER 201, LAWS OF 1901 

An act providing for fire drills in the schools of this state 

Became a law Mar, 27, 1901, with the approval of the Governor. Passed, 
three fifths being present 

The people of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

§1 It shall be the duty of the principal or other person in charge 
of every public or private school or educational institution within 
the state, having more than 100 pupils, to instruct and train the 
pupils by means of drills, so that they may in a sudden emergency 
be able to leave the school building in the shortest possible time and 
without confusion or panic. . Such drills or rapid dismissals shall 
be held at least once in each month. 



l86 NEW YORK STATE EDUCATION DEPARTMENT 

§2 Neglect by any principal or other person in charge of any 
public or private school or educational institution to comply with 
the provisions of this act shall be a misdemeanor, punishable at 
the discretion of the court by a fine not exceeding $50. Such fine 
to be paid to the pension fund of the local fire department where 
there is such a fund. 

§3 It shall be the duty of the board of education or school board 
or other body having control of the schools in any town or city to 
cause a copy of this act to be printed in the manual or handbook 
prepared for the guidance of teachers, where such manual or hand- 
book is in use or may hereafter come into use. 

§4 The provisions of this act shall not apply to colleges or uni- 
versities. 

§5 This act shall take effect June i, 1901. 



CHAPTER 125, LAWS OF 1903 

An act to provide for the division of union free school districts containing 
territory of two or more incorporated villages 

Became a law Ap. 3, 1903, with the approval of the Governor. Passed, 
a majority being present 

The people of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

§1 In any union free school district within the limits of which 
there shall be territory of two or more incorporated villages the 
board of trustees of any village whose entire district is within said 
school district may call a special meeting of the voters, duly quali- 
fied under the consolidated school law to vote at a school meeting, 
to determine whether that portion of any such school district com- 
prising the village holding such special meeting shall be separated 
from such school district and be a separate imion free school dis- 
trict with limits corresponding with the limits of such village. 
Notice of the time and place of any such special meeting shall be 
published by the board of trustees calling the same once a week 
for two successive weeks in each newspaper actually printed and 
published in such village and if there be no such newspaper pub- 
lished in such village, such notice shall then be given by posting 
in at least ten conspicuous places in said village. 

§2 The village clerk of the village holding such special meeting 



GENERAL LAWS AND SPECIAL ACTS 187 

shall cause to be prepared and furnished for the use of the voters 
at any such special meeting ballots (which shall conform as near 
as may be to the election law) in favor of and against organizing 
the territory within such village into' a separate school district. 
The members of the board of trustees of any village holding such 
special meeting shall act as inspectors and shall canvass the votes 
cast and if a majority thereof shall be in favor of constituting the 
territory within such village a separate school district said board 
of trustees shall forthwith certify the result of such canvass to the 
school commissioner of the school commissioner district in which 
such village is situated, and said school commissioner shall there- 
upon declare by certificate under his hand the territory within 
such village limits a separate school district and designate it as 
union free school district number of the town of 

§3 Within 10 days after the school commissioner shall have desig- 
nated any separate school district organized under the provisions 
of this act he shall call a special meeting of the qualified voters of 
such school district at a time and place to be named by him to elect 
a board of education to consist of six members, two of whom shall 
be elected for one year, two for two years and two for three years 
from the date of the annual school meeting next succeeding such spe- 
cial meeting. The call for such special meeting so to be made by the 
school commissioner shall be published as provided in section i of 
this act for the special meeting to determine as to whether the 
school district shall be divided. The school commissioner shall 
call such special meeting to order and the voters present shall elect 
a chairman and secretary for such meeting and appoint three 
tellers to canvass the votes cast. After the votes shall have been 
canvassed the chairman and secretary shall forthwith certify the 
result of such canvass to the said school commissioner, who shall 
within five days thereafter call the members of the board of edu- 
cation, shown by said certificate to have been elected, together 
for the purpose of organization, and said certificate of the result 
of such canvass shall thereupon become a part of the record of 
said school district. 

§5 If at the time of the organization of any school district as 
provided in this act there shall be any outstanding bonded or 
other indebtedness chargeable against the school district of which 
the territory so separately organized was a part, the school com- 
missioner shall apportion said indebtedness between the newly 
organized district and the -remaining portion of the old district 
according to the assessed valuation of each and the amounts of 



l88 NEW YORK STATE EDUCATION DEPARTMENT 

said indebtedness so apportioned shall become a charge for principal 
and interest upon the respective districts as though the same had 
been incurred by said districts separately. 

§6 Nothing herein contained shall be construed so as to prevent 
any child of school age residing in any part of a school district so 
divided from attending school in the part of the district remaining 
after any such division until the close of the school year in which 
such division was made, provided, however, that the tax for said 
school year has theretofore been levied on the real and personal 
property of the school district before the division for the support 
of such school for the current school year. 

§7 This act shall take effect immediately. 



CHAPTER 542, LAWS OF 1903 

An act to provide for free tuition of nonresident pupils in schools maintaining 
an academic department and making an appropriation therefor 

Became a law May 11, 1903, with the approval of the Governor. Passed, 
three fifths being present 

The people of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

§1 The sum of $100,000, or so much thereof as may be neces- 
sary, is hereby appropriated for the payment by the Comptroller 
of the tuition of nonresident pupils from schools in this state not 
maintaining an academic department who shall be admitted to 
schools maintaining an academic department without other ex- 
pense for tuition than that provided in this act. Such payment 
however shall only be made upon the joint certificate of the State 
Superintendent of Public Instruction and of the Chancellor of the 
University of the State of New York in accordance with regula- 
tions jointly established by them to such schools as maintain a 
course of study approved by them and shall be at the rate of $20 
per year for a school year of at least 32 weeks or a proportionate 
amoimt for a shorter period of attendance of not less than eight 
weeks. 

§2 This act shall take effect immediately. 



GENERAL LAWS AND SPECIAL ACTS 189 

CHAPTER 388, LAWS OF 1905 

An act to authorize the acceptance by this state of gifts, bequests, and assign- 
ments of the bonds, warrants, choses in action, or other obligations of any 
other state and to enforce the collection thereof 

Became a law May 16, 1905, with the approval of the Governor. Passed, 
three fifths being present 

The people of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

§1 Whenever any person or persons, copartnership, corporation 
or association shall give, bequeath or assign to the State of New 
York any bonds, warrants, choses in action or other obligations of 
any other state, the governor is hereby authorized in his discretion, 
to receive and accept the same for the benefit of the state and the 
right and title thereto and therein shall thereupon pass to and vest 
in this state and the same and all the proceeds thereof when col- 
lected shall be held by the Comptroller in a special account or fund 
subject to be appropriated by the Legislature only for the support 
of common schools, or for the promotion of some educational 
interest in the state. 

§2 Whenever it shall be necessary to protect or assert the right 
or title of the state to any such bonds, warrants, choses in action 
or other obligations so received, or to collect or enforce the same 
or any part thereof, principal or interest, the Attorney General is 
hereby authorized and directed to take the necessary and proper 
proceedings or to bring suit thereon in the name of the state in 
any court of competent jurisdiction, state or federal, and to prose- 
cute all such suits or proceedings to a termination. 

§3 This act shall take effect immediately. 



190 NEW YORK STATE EDUCATION DEPARTMENT 

CHAPTER 393, LAWS OF 1905 

An act to amend chapter 516 of the laws of 1892, entitled, "An act to advance 
learning, the arts and sciences, and to promote the public welfare by pro- 
viding for the conveyance, holding and protection of property, and the 
creation of trusts for the founding, endowing, erection and maintenance of 
public libraries, museums and other educational institutions within this 
state" 

Became a law May 16, 1905, with the approval of the Governor, Passed, 
three fifths being present 

The people of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

§1 Section i of chapter 516 of the laws of 1892, entitled, "An 
act to advance learning, the arts and sciences, and to promote the 
public welfare by providing for the conveyance, holding and pro- 
tection of property, and the creation of trusts for the founding, 
endowing, erection and maintenance of public libraries, museums 
and other educational institutions within this state," is hereby 
amended to read as follows: 

§1 Any person desiring, in his lifetime, to promote the public 
welfare by foimding, endowing and having maintained a public 
library, museum or other educational institutions, or a chapel and 
crematory within this state, may to that end and for such pur- 
poses by grant, in writing, convey to a trustee, or any number of 
trustees, named in such grant (and to their successors), any property, 
real or personal, belonging to such person, and situated or being 
within this state. 

§2 This act shall take effect immediately. 



CHAPTER 424, LAWS OF 1904 

An act to provide for the compulsory education of Indian children on the 

Indian reservations 

Became a law Ap. 27, 1904, with the approval of the Governor. Passed, 
three fifths being present 

The people of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

§1 Short title. This chapter shall be known as the compulsory 
education law for the Indian reservations. 

§2 Definitions. The term person, in parental relations to an In- 
dian child, includes the parents, guardians or other persons, wheth 



GENERAL LAWS AND SPECIAL ACTS I9I 

one or more, lawfully having the care, custody or control of such 
child. An Indian child under i6 years of age required by the per- 
sons in parental relations to such child to attend upon lawful in- 
struction at a school or elsewhere upon which such child is entitled 
to attend, is lawfully required to attend such school. An Indian 
child between 6 and i6 years of age, who is required by law to at- 
tend upon instruction, and is required by the persons in parental 
relations to such child, to attend upon lawful instruction at a school 
or elsewhere upon which such child is entitled to attend, is law- 
fully required to attend upon such instruction, and if not required 
by the persons in parental relation to such child to attend upon 
any instruction, is lawfully required to attend a school on the reser- 
vation, upon which such child shall reside. 

§3 Required attendance upon instruction. Every Indian child 
between 6 and i6 years of age, in proper physical and mental con- 
dition to attend school, shall regularly attend upon instruction at 
a school in which at least the common school branches of reading, 
spelling, writing, arithmetic, English grammar and geography are 
taught, or. upon equivalent instruction by a competent teacher else- 
where than at such school as follows: Every Indian child between 
14 and 16 years of age not regularly and lawfully engaged in any 
useful employment or service, and every such child between 6 and 
14 years of age, shall so attend upon instruction as many days an- 
nually during the period between the first days of September and 
the following July as a public school of the community or district 
of the reservation, in which such child resides, shall be in session 
during the same period. If any such child shall so attend upon 
instruction elsewhere than at the public school, such instruction 
shall be at least equivalent to the instruction given to Indian chil- 
dren of like age at a school of the community or district in which 
such child shall reside; and such attendance shall be for at least 
as many hours of each day thereof, as are required of children of 
like age at public schools and no greater total amount of holidays 
and vacations shall be deducted from such attendance during the 
period such attendance is required than is allowed in public schools 
for children of like age. Occasional absences from such attendance, 
not amounting to irregular attendance in a fair meaning of the 
term, shall be allowed upon such excuses only as would be allowed 
in like cases by the general rules and practices of public schools. 

§4 Duties of persons in parental relation to Indian children. 
Any person in parental relation to an Indian child between 6 and 
16 years of age in proper physical and mental condition to attend 



192 NEW YORK STATE EDUCATION DEPARTMENT 

school, shall cause such child to so attend upon instruction or shall 
present to the superintendent of Indian schools of the reservation 
on which such child resides proof by affidavit that he is unable to 
compel such child to so attend. A violation of this section shall 
be a misdemeanor, punishable for the first offense by a fine not ex- 
ceeding $5 or by imprisonment not exceeding 10 days, and for 
each subsequent offense, by a fine not exceeding $25, or by imprison- 
ment not exceeding 30 days, or by both such fine and imprison- 
ment. Courts of special sessions shall, subject to removal, as pro- 
vided in sections 57 and 58 of the Code of Criminal Procedure, have 
exclusive jurisdiction in the first instance to hear, try and deter- 
mine charges of violation of this section within their respective 
jurisdictions. 

§5 Persons employing Indian children unlawfully to be fined. 
It shall be unlawful for any person, firm, association or corpora- 
tion to employ any Indian child residing on any Indian reserva- 
tion between 6 and 14 years of age, in any business or service what- 
ever, during any part of the term during which the school in the 
commimity or district in which such child resides is in session, or 
to employ any Indian child residing on any reservation between 
14 and 16 years of age, who does not, at the time of such employ- 
ment present a consent in writing signed by the superintendent 
of the Indian schools on the reservation on which such child re- 
sides to the effect that such child may be employed, and specify- 
ing the nature of the service and the duration of such service or 
employment; and any person, firm, association or corporation who 
shall employ any Indian child contrary to the provisions of this 
section shall for each offense forfeit and pay to the superintendent 
of Indian schools of the reservation on which such child resides, a 
penalty of $25, the same, when paid, to be used for the support 
and maintenance of the schools on said reservation. 

§6 Teachers record of attendance. An accurate record attend- 
ance of all Indian children between 6 and 16 years of age shall be 
kept by the teacher of every Indian school, showing each day, by 
the year, month, day of the month and day of the week, such at- 
tendance, and the number of hours in each day thereof; and each 
teacher upon whose instruction such Indian child shall attend else- 
where than at the school in the community or district of the reser- 
vation where he resides, shall keep a like record of such attendance. 
Such record shall at all times be open to the superintendent of the 
Indian schools on their respective reservations and to such persons 
as they may designate as attendance officers, who may in- 



GENERAL LAWS AND SPECIAL ACTS 193 

spect or copy the same, and any teacher shall answer all inquiries 
lawfully made by such superintendents or attendance officer or 
other persons ; and a wilful neglect or refusal to keep such a record 
or answer any such inquiry shall be a misdemeanor. 

§7 Attendance officers. The superintendents of the Indian 
schools on their respective reservations shall supervise the enforce- 
ment of this act within said reservations and they shall appoint and 
may remove at pleasure such number of attendance officers as the 
Commissioner of Education shall deem necessary, whose jurisdic- 
tion shall extend over all school districts on the reservation for 
which they shall be appointed, and he shall prescribe their duties, 
not inconsistent with this act and may make rules and regulations 
for the performance thereof. And said superintendent is also 
vested with the same power and authority as the attendance offi- 
cers appointed by him. 

§8 Arrest of truants. Any attendance officer may arrest with- 
out warrant anywhere within the state, any Indian child between 
6 and i6 years of age, found away from his home and who is then 
a truant from instruction upon which he is lawfully required to 
attend within the district or districts of which such attendance offi- 
cer has jurisdiction. He shall forthwith deliver a child so arrested 
either to the person in parental relation to the child, or to the 
teacher of the school from which said child is then a truant, or in 
case of habitual or incorrigible truants, shall bring them before a 
magistrate for commitment to a truant school, as provided in the 
next section. 

§9 Superintendent to contract for keeping of truants. The su- 
perintendent of Indian schools on any of the Indian reservations 
may contract with any city or district having a truant school, for 
the confinement, maintenance and instruction therein of any child 
who shall be committed to such school as a truant by any magis- 
trate before whom such child shall have been examined upon the 
charge of truancy. The costs and expenses attending the support 
and maintenance of any truant, as herein provided shall be audited 
by the Commissioner of Education and paid in the same manner 
as the expenses of supporting and maintaining the schools on said 
reservation are paid. 

§io Enumeration. The superintendent of Indian schools on the 
several Indian reservations shall whenever so directed by the Com- 
missioner of Education, make a complete enumeration of the In- 
dian inhabitants on said reservations; such enumeration shall be 
made between the first day of May and the first day of August and 



194 NEW YORK STATE EDUCATION DEPARTMENT 

shall be tabulated by said superintendent, and such tabulation 
shall show the name and age of each Indian person on said reserva- 
tions and shall show in what school district each of such persons re- 
side. Such superintendents shall designate in such tabulation, the 
district in which each Indian child of school age shall be required 
to attend school. 

§11 Payment of services herein required. The superintendents 
of Indian schools on the several Indian reservations shall be en- 
titled to receive the sum of $3 per day, in addition to the salary 
now paid to such superintendents, for each day necessarily spent 
by them in enforcing the provisions of this act and also for each 
day necessarily spent in making the enumerations of the reserva- 
tions and tabulating the same, together with their necessary ex- 
penses while employed in enumerating and tabulating the same 
and enforcing the provisions of this act. Each of the attendance 
officers herein provided for shall receive such sum per day as shall 
be fixed by said superintendents of Indian schools for each day 
necessarily employed in enforcing this act; and each person em- 
ployed by said superintendents to assist them in taking and tabu- 
lating the census of the residents of said reservations, shall be en- 
titled to such compensation as he shall contract for with said super- 
intendents of said schools, not exceeding $2 per day, together with 
necessary expenses. The expense in taking the enumeration herein 
provided for shall be audited by the Commissioner of Education 
and paid in the same manner as other accounts for the support and 
maintenance of the schools on said reservations are now paid. 

§12 Chapter 183 of the laws of 1900 and chapter 188 of the laws 
of 1 90 1 are hereby repealed. 

§13 This act shall take effect May i, 1904. 



CHAPTER 155, LAWS OF 1905 

An act to bring union free school district no. ii, town of Southampton, in 
the county of Suffolk, under the provisions of the consolidated school law 

Became a law Ap. 8, 1905, with the approval of the Governor. Passed, 
three fifths being present 

The people of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

§1 Union free school district no. 11, town of Southampton, in 
the county of Sufi^olk, is continued under such name and number 



GENERAL LAWS AND SPECIAL ACTS 195 

and the boundaries thereof shall be the same as its boundaries now 
are until altered as the law provides. 

§2 The said union free school district no. ii, town of Southamp- 
ton, shall hereafter, in all respects, be subject to and governed by 
the provisions of chapter 556 of the laws of 1894, being the con- 
solidated school law, and all amendments which have been and 
which may hereafter be made thereto. 

§3 Chapter 441 of the laws of 1862 and all amendments thereto 
are hereby repealed. 

§4 This act shall take effect immediately. 



CHAPTER 587, LAWS OF 1905 

An act to amend the state finance law, in relation to the education fund 

Became a law May 19, 1905, with the approval of the Governor. Passed, 
three fifths being present 

The people of the State of Nezv York, represented in Senate and 
Assembly, do enact as follows: 

§1 Section 80 of article 4 of chapter 413 of the laws of 1897, 
entitled "An act relating to state finances, constituting chapter 10 
of the general laws," as amended by chapter 225 of the laws of 
1904 is hereby amended to read as follows: 

§ 80 The education fund. The common school fund, the litera- 
ture fund, and the United States deposit fund, shall continue to 
consist of all moneys, securities or other property in the treasury 
of the state, or under the control of any state officer, and of all 
debts due the state, or real property owned by it, belonging to such 
fund. The proceeds of all lands which belonged to the state on 
Jan. I, 1823, except the parts thereof reserved or apportioned to 
public use, or ceded to the United States, shall belong to the com- 
mon school fund. In case of any diminution of capital belonging 
to' the common school fund. United States deposit fund or litera- 
ture fund, there shall be transferred to the capital of such fund or 
funds from the income thereof so much as may be necessary to 
preserve the capital inviolate. Of the income of the United States 
deposit fund, $25,000 shall annually be added to the capital of the 
common school fund. It shall be the duty of the Comptroller, at 
the close of each fiscal year, to transfer to the general fund the 
remainder of the income of the common school fund. United States 
deposit fund and literature fund, 'which together with such amounts 
as may be raised or received by taxation or otherwise for educa- 



196 NEW YORK STATE EDUCATION DEPARTMENT 

tional purposes, shall constitute the education fund, and appropri- 
ations therefrom may be made annually for the support of the edu- 
cational system of the state, to be apportioned by the Commis- 
sioner of Education in the manner provided by law, which appor- 
tionment shall be certified by the Commissioner of Education to 
the Comptroller for distribution and payment. The amount 
appropriated by the Legislature for the support and maintenance 
of the common school system of the state, shall be payable from 
the treasury upon the warrant of the Comptroller, and the Comp- 
troller shall countersign and enter all checks drawn by the Treas- 
urer in payment of his warrants, and all receipts of the Treasurer 
for such payments paid to the Treasurer, and no such receipts 
shall be evidence of payment unless they be so countersigned. 
§ 2 This act shall take effect immediately. 



CHAPTER 767, LAWS OF 1895 

An act to provide additional compensation for teachers of common schools 
in any town of the state who have taught therein continuously 25 years 
or more 

The people of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

§ I Upon the petition of 2 5 or more taxpayers of any town in the 
cotmty of the state requesting the submission at the next ensuing 
annual town meeting of such town made not less than 10 days be- 
fore the accruing thereof, of the question of making provision by 
taxation upon the taxable property in such town for a sum of money 
sufficient to pay such teachers resident of such town, who have been 
employed in the common schools thereof for not less than 2 5 years, and 
have rendered continuous service in teaching for such period, with 
such intermission only as may have occurred in the allotment of 
school terms or from sickness, the town board of such town shall 
cause to be submitted to the taxpayers of such town, at the next 
ensuing town meeting upon due notice thereof published in a news- 
paper printed in such town, if any paper be published therein, or 
printed or written notices posted in not less than 10 public places 
in such town, the question whether a sufficient sum of money be 
raised from the taxable property within such town to pay said 
teachers as compensation for long and meritorious service so 



GENERAL LAWS AND SPECIAL ACTS 197 

long as said teachers reside in such town, upon the conditions, at 
the times and in the manner hereinafter provided. 

§2 In the event of such petition being so made and presented to 
the supervisor of any town, and notice being given as provided in 
section i of this act, the town board shall furnish the necessary- 
ballots in number and forms for the use of the voters of such town 
at the next ensuing annual town meeting, and shall provide separ- 
ate ballot boxes for the reception of ballots cast thereat on the 
question submitted. One half of the number of said ballots shall 
have printed thereon, respectively, "for teachers' pension fund," 
and the other half shall have printed thereon, respectively, "against 
teachers' pension fund," and such votes as may be cast shall be 
counted and returned by the officers presiding at said town meet- 
ing the same as other votes are counted and returned. If a ma- 
jority of the votes so cast be found to be in favor of raising a sum 
of money sufficient to provide for such fund, and not otherwise, 
the town board of such town shall immediately thereafter proceed 
to ascertain what teachers of such class are entitled to the benefits 
conferred by this act and to receive their proportionate share of 
the money so voted to be paid, and said board shall require of 
every person applying therefor, who has taught in the common 
schools of such town for the period of 25 years or more, to make 
concise statement of the term of service, the districts in which he 
or she has taught and the wages, monthly or weekly, received dur- 
ing the last year in which said teacher taught, which statement 
shall be acknowledged before any officer qualified to take acknowl- 
edgments, and filed in the office of the clerk of such town. There- 
upon, and at the next annual meeting of the board of supervisors 
of the county, and at every annual meeting thereafter, the said 
board shall include in the tax levy of the town so voting as here- 
inbefore provided in favor of a teachers' pension fund, the amount 
necessary in each year as estimated and reported by the town board 
of such town, which sum, when collected, shall be paid over by the 
collector of such town, to the supervisor thereof, who shall pay out 
the said money to the teachers found to be entitled thereto in 
amount to each such teacher, in monthly payments equal to one 
half the sum received as teachers' monthly or weekly wages by each 
such teacher during the last year such teacher was employed to 
teach in the common schools of such town. And such teachers 
sharing in the money so appropriated and paid shall be allowed 
such amoimt in instalments herein provided as long as they con- 
tinue to reside in such town, but no longer, and they shall, in re- 



198 NEW YORK STATE EDUCATION DEPARTMENT 

ceiving the benefits conferred by this act be deemed to be retired 
from teaching and placed upon a roll kept by the town clerk of the 
town as superannuated and retired teachers. 

§3 When a vote has been had on the proposition provided to be 
so submitted by this act in any town, and such vote shall have 
been against the teachers' pension fund, another vote on the same 
question shall not be taken again within three years of the first 
vote so taken; [subject, however, if not physically disabled, to per- 
form such service in the place of any teacher temporarily absent 
or disqualified, as the school commissioner may require and direct 
without additional compensation]^ 

§4 This act shall take effect immediately. 



CHAPTER 608, LAWS OF 1905 

^An act to establish a retirement fund for pensioning retired school teachers 
in the city of Rochester, and to regulate the collection and management 
thereof 

Accepted by the city 

Became a law May 25, 1905, with the approval of the Governor. Passed, 
three fifths being present 

The people of the State of Nezv York, represented in Senate and 
Assembly, do enact as follows: 

§1 Subdiv. I The board of education, the superintendent of 
schools, one principal, and one teacher of the public schools shall 
constitute a board of trustees who shall have the general care and 
management of the public school teachers' retirement fund created 
by this act. In September, 1905, and in the same month every 
second year thereafter, a meeting of all the teachers and principals 
of the public schools of Rochester shall be called by the superintend- 
ent, at which time and place one principal and one teacher, then in 
active service, shall be chosen by the assembled teachers and prin- 
cipals to serve for a term of two years upon the board of trustees 
hereinbefore mentioned. The said board of trustees is empowered 
to make payment from said fund, of the annuities granted in pur- 



^ This bracketed clause should come at the close of section 2. The mistake of the engrossing 
department was not discovered till the law was signed. 

h 2 This chapter is printed in this work for the purpose of supplying one of the rnost recent 
la\\s on tliis subject. Information relative to the laws on this subject for other cities may be 
obtained by communicating with the superintendent of schools for the several cities of the 
state. 



GENERAL LAWS AND SPECL\L ACTS 



199 



suance of this act; to take all necessary and proper action in the 
premises ; and to make such rules and regulations for the administra- 
tion and investment of said fund as it may deem best, except that 
neither the whole nor any part of said fund shall be invested in any 
manner otherwise than as the savings banks of the state are by law 
permitted to invest their funds. 

Subdiv. 2 The public school teachers' retirement fund created 
by this act shall consist of the following moneys with interest or 
income therefrom, to wit: 

a All donations, legacies and gifts which shall be made to said 
fund. 

b 2% per annum of the respective salaries paid to the superin- 
tendent of schools, supervisors, principals and teachers regularly 
employed in the public schools of Rochester, except that no such 
deduction shall be made from the salary of a superintendent or 
a supervisor unless within one month from the date this act shall 
take effect or from the time of his or her appointment, notice in 
writing shall be given the board of trustees of his or her desire to 
come within the provisions of this act. 

c An amount to be paid each year from the funds appropriated 
by the city of Rochester for the board of education for the main- 
tenance of the department of education, equal to one half the total 
sum deducted from the salaries of the superintendent, supervisors, 
principals and teachers for that year. 

d All moneys which may be obtained from other sources or by 
other means duly and legally devised for the increase of said fund 
by the board of trustees or with their consent. 

Subdiv. 3 The board of education in making the pay rolls for the 
superintendent, supervisors, principals and teachers hereinbefore 
mentioned, shall semiannually deduct from the salary of each of 
said persons a sum equal to 1% of his or her annual salary, except 
that no such deduction shall be made from the salary of a super- 
intendent or a supervisor who does not come under the provisions 
of this act as hereinbefore mentioned, and shall certify the amount 
of such deductions and the names of the persons from whose sal- 
aries such deductions have been made; and such certificate shall 
accompany the pay roll and a warrant for the amount of the deduc- 
tions so certified shall be drawn payable to the city comptroller, 
and shall be deposited by him with the city treasurer, who shall 
retain the same subject to the disposal of said board of 'trustees as 
hereinbefore provided. At the same time a warrant shall be 
drawn payablejo the city comptroller for a sum equal to one half 



200 NEW YORK STATE EDUCATION DEPARTMENT 

of the amoiint of the deductions made from the salaries of the said 
superintendent, supervisors, principals and teachers, made charge- 
able to the funds appropriated by the city of Rochester for the 
board of education for the maintenance of the department of edu- 
cation, which sum the said comptroller shall also deposit with the 
city treasurer, who shall retain the same subject to the disposal 
of said board of trustees as hereinafter provided. 

Subdiv. 4 The city comptroller shall be the custodian of said 
fimd, and the city treasurer shall be the treasurer thereof; and all 
orders made payable from this ftmd shall be made upon the vote 
of the said board of trustees, said orders to be signed by its presi- 
dent and cotmtersigned by the^city comptroller and the city treas- 
urer. 

Subdiv. 5 a The board of education shall have power, on recom- 
mendation of the superintendent of schools, to retire from service 
or refuse to reappoint to service, any supervisor, principal, or teacher 
who shall have served in such capacity or capacities for an aggre- 
gate period of 20 years, if a female, and 25 years, if a male; and any 
person so retired or refused reappointment, shall become an annui- 
tant -under this act, provided that not less than 15 years of such 
service shall have been rendered in the public schools of Rochester, 
and in case of any superintendent or supervisor, provided also that 
he or she shall have come under the provisions of this act in the 
manner hereinbefore mentioned. 

b Any superintendent, supervisor, principal or teacher who 
shall have served in such capacity or capacities for a period of 30 
years, if a female, or 35 years, if a male, may with the consent of 
the board of education, retire from service and become an annui- 
tant under this act, provided that not less than 15 years of such 
service, shall have been performed in the public schools of the city 
of Rochester, and in case of any superintendent or supervisor, provid- 
ed also that he or she shall have come under the provisions of this 
act in the manner hereinbefore mentioned. 

Subdiv. 6 Annuities paid in pursuance of this act shall be one 
half the amount of the annual salary of the annuitant at the time 
of retirement from service, except that no annuity shall exceed 
$800 annually; but if the*moneys at the disposal of the trustees 
of said fund be found at any time inadequate to fully carry out the 
provisions hereinabove mentioned, the trustees shall then pay to 
the persons entitled to participate in said fund as near a pro rata 
amount as in their judgment the circumstances will warrant. 



GENERAL LAWS AND SPECIAL ACTS 201 

Subdiv. 7 No person shall become an annuitant who has not 
contributed to the teachers' retirement fund in pursuance of sub- 
division 3 of this act, an amount equal to at least 40% of his 
or her annual salary at the time of retirement ; but any such person 
otherwise qualified may become an annuitant by making a cash 
payment to the retirement fimd before receiving any annuity, of 
such an amount as his or her contributions imder said subdivision 
3 may have fallen short of the required 40%. 

Subdiv. 8 No annuity shall be paid from the teachers' retire- 
ment fund before July i, 1907, but any person duly qualified who 
shall retire or be retired from service before that time, and after 
this act shall take effect, shall not be deemed to have forfeited the 
right to become an annuitant under the provision of this act. 

Subdiv. 9 If at any time a superintendent, supervisor, principal, 
or teacher, who shall be willing to continue service in the public 
schools of Rochester, shall not be reemployed, or shall be discharged 
before the time when he or she would under the provisions of this 
act be entitled to an annuity, then such person shall be paid back, 
without interest, all the money which may have been deducted 
from his or her salary in pursuance of this act. 

Subdiv. 10 The board of education shall include in its annual 
report a full account of the condition of the teachers' retirement 
fund, its amount, the manner of its investment, and all receipts 
and disbursements on account of said ftind during the year. 
_ §2 This act shall take effect Sep. i, 1905. 



Saloon not to be maintained near schoolhouse etc. 
CHAPTER 29 OF THE GENERAL LAWS 
Liquor tax law 

§ 24 Place in which traffic in liquor shall not be permitted. Traffic 
in liquors shall not be permitted: 

2 Under the provisions of subdivision i of section 11 of this act, 
in any building, yard, booth or other place which shall be on the 
same street or avenue or within 200 feet of a building occupied 
exclusively as a church or schoolhouse; the measurements to be 
taken in a straight line from the center of the nearest entrance of 
the building used for such" church or school to the center of the 
nearest entrance of the place in which such liquor traffic is desired 



202 NEW YORK STATE EDUCATION DEPARTMENT 

to be carried on ; provided, however, that this prohibition shall not 
apply to a place which on the 23d day of March, 1896, was lawfully 
occupied for a hotel, nor to a place in which such traffic in liquors 
was actually 'lawfully carried on at that date, nor to a place w^hich 
at such date was occupied, or was in process of construction, by a 
corporation or association which traffics in liquors solely with the 
members thereof, nor to a place within such limit to which a cor- 
poration or association trafficking in liquors solely with the mem- 
bers thereof at such date may remove; but none of the exemp- 
tions imder subdivision 2 of this section shall apply to subdivision 
I of this section; nor . . . 

18 Misc. 346; 23 id. 468; 31 id. 569; 40 N. Y. Supp. 1107; 25 App. Div. 
428, 431; 27 id. 564, 570; 34 id. 390; 47 id. iii 



INDEX 



Academic departments, academies 
changed to, 85-86; apportionment, 
84 ; established by board of educa- 
tion, 80; state payment of tuition 
of nonresident pupils, 188; quali- 
fications for entrance, to be estab- 
lished by Regents, 85; visitation 
by Regents, 85. 

Academies, academic departments 
may be adopted, 85-86; leased by 
union school district, 85; returned 
to trustees in dissolved union 
school districts, 88; teachers train- 
ing classes in, 95. 

Acquisition of schoolhouse sites, 90- 
91. 

Actions, county judge to compel dis- 
trict to levy tax for costs, 103, 
104-5; district pays expense of, 
3 7 ; expense of serving notice for 
formation of union free schools, 
67 ; supervisors sue for fines and 
penalties, 22-23; by and against 
school district officers, 103 ; by and 
against trustees of school districts, 
156-57; supervisors compel trus- 
tees to replace lost code, 106; 
supervisors sue for money due 
from school officers, 32. 

Acts repealed, 90, 126-29. 

Affidavits, district clerk may take to 
register, 55; of expense of insti- 
tute, school commissioner to make, 
92 ; school commissioner may take, 
28; vSuperintendent may take, 11; 
teachers, to correctness of register, 
55. 

Age, qualifications for teachers, 28, 
48; at which students are eligible 
to compete for Cornell scholarships, 
97. See also School age. 

Aggregate attendance, see Attend- 
ance. 

American Museum of Natural His- 
tory, 162. 



Annual meetings, see School meet- 
ings. 

Annulment of certificates, for failure 
to complete agreement, 51; for 
failure of teacher to attend insti- 
tute, 93-94; by school commis- 
sioners, 28; by Superintendent, 10; 
Superintendent to note annulments 
of all certificates and diplomas, 
II. 

Apparatus, board of education to 
provide, 79,80; insurance, 79 ; re- 
pairs, 54; tax for, 37 ; trustees may 
purchase, 54. 

Appeals, copies of, evidence, 102; 
costs in certain cases when tried 
•in courts, 103; decisions in, final 
by Superintendent, 89, loi; from 
action of meeting dissolving union 
school district, 31, 89; from va- 
lidity of election, etc., in district 
over 300, 41 ; laws concerning, 
1 01-2; rules of practice under, 
133-38; school commissioner may 
take testimony, 29 ; from acts of 
school commissioners, 29; Super- 
intendent's power concerning, lOI- 
2 ; Superintendent to keep record 
of, 102; who may appeal to Su- 
perintendent, loi. See also De- 
cisions. 

Apportioning valuation of railroads, 
telegraph, telephone and pipe- 
line companies, 147. 

Apportionment, see School moneys. 

Appropriations, 5; Arbor day, 117; 
education fund, 195-96; Indian 
schools-, 114; institutes and sum- 
mer institutes, 94; training classes, 
95. See also School moneys. 

Arbor day, 11 6-1 7. 

Assessments, 58-66; banks, 142; 
equalized, to be used thereafter, 
59 ; of lands in forest preserve, 140 ; 
lands lying in one body, 58; pro- 



204 



NEW YORK STATE EDUCATION DEPARTMENT 



cedure when supervisors can not 
agree on equalization, 59 ; prop- 
erty exempt from, 149-52; rail- 
roads, 147; manner of reducing, 
59; by supervisors, equalization 
of, 59 ; telegraph, telephone and 
pipelines, 147; valuation of prop- 
erty to be taken from last assess- 
ment roll of town, 58-59. See 
also Taxes. 

Attendance apportionment accord- 
ing to, 16-17; how ascertained for 
purpose of apportioning public 
money, 17; institute week, how 
reckoned, 93; record of, to be kept 
by teachers, 49 ; report of, by trus- 
tee, 57. 

Attendance officers, appointment 
of, under compulsory education 
law, 123, 193; may arrest truants, 
124; procedure on arrest of tru- 
ants, 124. 

Ballot boxes, in common districts, 
36; in districts of over 300, 40, 77- 

78. 

Ballots, in common districts, form of, 
36; in districts of over 300, 40, 78. 

Banks, school savings, 176-77. 

Banks and banking associations, tax- 
ation of stockholders in, 58, 142. 

Bequests, see Gifts. 

Blackboards, district to vote tax 
for, 37. 

Blanks, State Superintendent to pre- 
pare, II. 

Blind, institutions for, 1 1 5-1 6. 

Board of education, to establish aca- 
demic departments, 80; moneys 
from literature fund applied to 
academic department, 84; lease of 
academies, 85; to regulate admis- 
sion of pupils, 79; appointment of 
officers, 70; shall not exceed ap- 
propriation, 84; to provide ballot 
boxes, 77-78; bodies corporate, 
70; statement concerning bonded 
indebtedness, 73; bonds to be re- 
quired of collector and treasurer, 
7 1 ; shall give notice of time and 



sale of bonds, 73, 75; may borrow 
money, 74-75, 82; to adopt by- 
laws, 79; canvass of votes, 78; 
clerk, 70, 71; colored schools es- 
tablished by, 112-13, 185; no 
member to be interested in con- 
tracts, 8;^ ; contracts with school 
districts, 106-7; to prescribe 
course of study, 79; dissolution of 
union school districts by, 88 ; cop- 
ies of proceedings of dissolved 
union districts to be filed with 
State Superintendent, 89; divi- 
sion into classes, 68; drafts to be 
signed by president and secretary, 
84, 85 ; free instruction in drawing, 
no; subject to all duties of com- 
mon school district not inconsis- 
tent with this title, 82 ; election, 
68, 75-78; election of in cities and 
villages, 69 ; election in districts 
of over 300, 76-77; notice of elec- 
tion, 77, election disputes, 78; 
election of president, 70; to call 
special election, 78; may establish 
evening school, no; statement to 
corporate authorities of antici- 
pated expenditures, 72; estimate 
of expenses to be made at annual 
meeting, 83 ; to amend estimate if 
necessary, 83 ; duties under fire 
drill law, 186; to provide fire es- 
capes, 82; to provide school with 
flag, 177-78; to provide fuel, 80; 
to apply proceeds of gifts etc., 80; 
to hold property when transferred 
by gift, etc., 80; to hire rooms, 79; 
same immunities and privileges as 
trustees of academies, 82 ; may 
establish industrial training de- 
partments, in; to act as inspec- 
tors of elections, 77; to close 
schools during institute, 92-93; 
public money may be withheld if 
board fails to close school during 
institute, 93; may establish kin- 
dergartens, in; to appoint libra- 
rians, 80; meetings, 75, 76, 84; 
only one member of family eligible 
to membership in, 72; moneys 



INDEX 



205 



paid to treasurer for use of, 85; 
to pay moneys only upon resolu- 
tion, 84, 85; moneys apportioned 
to common schools, how applied, 
84; number restricted, 87; num- 
ber, how increased and diminished, 
69-70, 87; to provide for instruc- 
tion in physiology and hygiene, 
79; powers and duties, 79-86; 
proceedings open for public in- 
spection, 83; qualifications of 
members, 71-72; to exchange real 
estate, 80; to sell real estate when 
authorized by vote of district, 80; 
proceeds of sale of real estate, how 
applied, 80; to execute or have 
sale of real estate, 80; statement 
of receipts and expenditures to be 
published, 83; to copy record of 
proceedings, 8^ ; removal of mem- 
bers for cause, 81; reports, 86; to 
establish rules relative to dis- 
cipline, 79; to have charge and 
disposition of school property, 80; 
to keep schoolhouses and furniture 
in repair, 79 ; to keep schoolhouses 
and furniture insured, 79; to pur- 
chase sites and schoolhouses, 79 ; 
designation of schoolhouse sites 
without vote, 82; to have full 
management and control of 
schools, 80; may hold executive 
session meetings, 84; powers as in 
title 9 under special laws, 91 ; to 
appoint superintendent of schools, 
82 ; to prescribe salaries and duties 
of superintendent of schools, 83; 
general supervision by Superin- 
tendent of Public Instruction, 86; 
tax for teachers' wages, 75; when 
board may levy tax without vote, 
83-84; to employ teachers, 80-81 ; 
to pay teachers' salaries monthly, 
81; contracts of employment to 
be delivered to teachers, 81; rela- 
tives can not be employed as 
teachers without two thirds vote, 
8 1 ; can not remove teacher except 
for cause, 81; term of office, 68, 
87; term of office in cities and 



villages, 69; to hold until suc- 
cessors are elected, 78; to pre- 
scribe textbooks, 79, 105; may 
purchase free textbooks, 76; may 
establish rules and regulations 
concerning free textbooks, 76; 
manner of changing textbooks in 
union schools, 105; title of prop- 
erty invested in, 80; to give notice 
of action changing number of trus- 
tees, 87; powers of trustees under 
title 9 in city of Brooklyn, 91; 
powers of trustees in cities of not 
more than 30,000, 91; to regulate 
tuition for nonresident pupils, 80; 
vacancies in office of clerk, treas- 
urer, collector, to be filled by, 71; 
vacancy in board, how filled, 81; 
may appoint competent physician 
to vaccinate children, 139; to ap- 
point visitation committee, 84; to 
provide free instruction in vocal 
music, hi; to provide water- 
closets, 81. See also Union school 
districts. 
Boards of supervisors, see Super- 
visors. 
Bond, collector, 63, 66; supervisor to 
give, 18; extra surety required in 
cities and villages, 84; treasurer 
and collector to give, 47, 71; 
treasurer's and collector's, amount 
fixed by district, 37. 
Bond and mortgage, sale of site to be 

taken as security for, 43. 
Bonded indebtedness, districts hav- 
ing, not to be divided, 31, 87. 
Bonds, issue of, 43, 73, 75; notice of 
sale of, 43, 73; payment of pro- 
ceeds of sale, 47, 73; statement 
concerning to be filed with clerk 
of board of supervisors, 43, 75. 
Bookcase, district to vote tax for, 
37. 

Canvass of votes in districts of over 
300, 78. 

Census, biennial school, 180-81; 
expense of, 12-13; whom to in- 
clude, 57; Indian children, 114; 



206 



NEW YORK STATE EDUCATION DEPARTMENT 



Superintendent to determine 
whether district is entitled to 
employ a superintendent, 12-13,82 ; 
Superintendent to determine when 
not shown, 14; to be reported by 
trustee, 57; when taken, 57. 

Certificate of apportionment of pub- 
lic moneys, 17. 

Certificates, see Annulment of cer- 
tificates; College graduate certifi- 
cates; Normal school diplomas; 
State certificates; Teachers' cer- 
tificates. 

Challenges, declaration of person 
challenged, 35, 40, 77; illegal vot- 
ing in common school districts, 35 ; 
illegal voting in districts of over 
300, 40, 77. 

Chief clerk in Department of Public 
Instruction may be appointed sec- 
ond deputy, 181. 

Children, employment under com- 
pulsory education law, 122-23 ; em- 
ployment in street trades prohibit- 
ed, 174. See also Pupils; School 
age. 

Cities, apportionment to, 14; appor- 
tionment for superintendent, 12; 
when entitled to additional appor- 
tionment, 13; districts can not be 
annexed to, 31; special provisions 
for districts over 300 do not apply 
to, 41; election of board of educa- 
tion in union school corresponding 

\ with cities, 69 ; moneys raised in, to 
be paid into treasury, 84; tax for 

[ school purposes levied in, 72 ; term 

' of office of board of education in 

I union school corresponding with 
cities, 69. 

City and village superintendents, ap- 
portionment of public money for, 
12, 13; board of education may 
appoint, remove, fix salaries and 
duties, 82-83 ; to have general over- 
sight of Arbor day exercises, 117; 
to assist in holding Cornell scholar- 
ship examinations, 97 ; districts em- 
ploying entitled to benefits pro- 
vided in section 2, 83. 



City treasurer, public money certi- 
fied to, 15. 

City treasurer or chamberlain shall 
apply for public money, 15. 

Clerk, see District clerk. 

Code of public instruction, trustee to 
care for and replace if lost, 105-6; 
penalty against trustee for neglect 
to care for, 106; printing and dis- 
tribution, 117. 

Collection of taxes, see Taxes. 

Collector, appointment in union 
school districts, 70; appointment 
to be filed with district clerk, 46; 
to give bond, 63, 71; bond to be 
filed with town clerk, 63; expense 
of filing bond a district charge, 63 ; 
amount of bond, 37; recovery of 
moneys on bonds, 66 ; vacates office 
by failure to give bond, 45, 71; 
custodian of moneys, 65 ; to dis- 
burse public money, 63 ; not to dis- 
burse public money in districts 
having treasurer, 63; manner of 
election, 36; trustee not eligible to 
office of, 44; fees, 64; to make up 
loss of moneys, 65 ; to give notice of 
collection of taxes, 63-64; to notify 
nonresidents, 64; to notify presi- 
dent, etc., of canal and pipelines, 
64; to notify ticket agent of rail- 
road corporation, 64; payment of 
moneys to successor, 65; payment 
of moneys to treasurer, 65; report 
of receipts and disbursements of 
moneys, 65 ; to receive money from 
supervisor, 22; to certify to trus- 
tee taxes not collectible, 61 ; to pay 
taxes returned to county treasurer, 
6 1 ; term of office, 44 ; to pay money 
over to treasurer, 47 ; trustee to 
notify treasurer and State Super- 
intendent of failure to pay money, 
55-56; vacancy, how supplied, 46, 
71; delivery of warrant to, 62. 

College graduate certificates, State 
Superintendent may grant and re- 
voke, 10. 

Colored children, schools for, 112-13; 
in New York city, 113; teachers 



INDEX 



207 



must be qualified, 113; equal rights 
for, 185. 

Commissioner of Education, election, 
4; powers, 5; powers of Superin- 
tendent of Public Instruction and 
Secretary of Regents to be exer- 
cised by, 5 ; to appoint assistants 
under compulsory education law, 
126; to apportion education fund, 
196; to distribute library moneys, 
183; to approve plans of school- 
houses, 41-42 ; salary and expenses, 
4; successors in office, term of, 4; 
term of office, 4;vacancyin office, 
how filled, 4; may withhold public 
money for failure to comply with 
compulsory education law, 126. 
For other powers, see Superin- 
tendent of Public Instruction. 

Common school fund, 12, 195. 

Common schools, inspectors, 9 ; State 
Superintendent to visit, 9. See 
also School districts. 

Common schools, meetings in, see 
School meetings. 

Compensation, see Salary. 

Comptroller, may withhold payment 
of moneys to counties, 11-12; 
duties relating to education fund, 
196. 

Compulsory education, subjects to 
be taught under, 120; Indian chil- 
dren on reservations, 190-94; law, 
full text of, 120-26. 

Condemnation, schoolhouse by school 
commissioner, 27; proceedings for 
acquiring site, 90. 

Contingent fund, established, 13; 
supplementary apportionment to 
be paid from, 15; money from 
to be paid separate neighborhoods, 
119. 

Contracts, between board of educa- 
tion and teachers, 81, 107; with 
other cities and districts under 
compulsory education law, 125; 
conveying pupils, 38-39; misde- 
meanor for trustee or member of 
board of education to be inter- 
ested in, 83, 159; with private 



institutions under compulsory edu- 
cation law, 125; between school 
districts for education of pupils, 
106-7 ; copy filed with State Super- 
intendent for education of pupils, 
106; reports of trustees and 
boards concerning districts under, 
107; for tuition, districts making 
to receive quota, 106. 

Conveyance of pupils, 38-39. 

Copies of records etc., under seal, 
evidence, 9, 102. 

Cornell University, State Superin- 
tendent a trustee of, 9 ; state 
scholarships in, 96-99. 

Corporal punishment, see Discipline. 

Corporate authorities, to raise sums 
voted at special meetings for alter- 
ations, improvements etc., 72; 
board of education in cities and 
villages to certify anticipated 
expenditures to, 72 ; must levy tax 
as certified, 72; may levy tax in 
one sum or by instalments, 72; 
have no power to withhold sums 
certified, 72; power to borrow 
money, 73. 

Costs of actions against school offi- 
cers, 103. 

Counties, apportionment to, 13, 14. 

County clerk, public money certi- 
fied to, 15; to give notice of va- 
cancy in office of school commis- 
sioner, 25; to forward to State 
Superintendent certificate of elec- 
tion of school commissioners, 25; 
to file oath of office of school com- 
missioner, 25; school commis- 
sioner to file trustees' reports and 
commissioners' abstracts with, 29. 

County judge, may appoint person 
to distribute public money, 18; 
to determine amount of costs in 
certain cases, 103; to hear and 
determine appeal on refusal of 
district to vote tax for costs, 103-5 ; 
may impose penalty, 29; may fill 
vacancy in office of school com- 
missioner, 25. 



208 



NEW YORK STATE EDUCATION DEPARTMENT 



County treasurer, to be furnished 
with certificate of apportionment, 
1 7 ; to credit tines and penalties 
to school moneys, 20; shall add 
unappropriated library money to 
succeeding year, 99; shall apply 
for public money, 15; public 
money certified to, 15; to furnish 
school commissioners with amount 
reported by supervisors, 16; to 
furnish school commissioners with 
amount of tines and penalties, 16; 
to sue bond of supen-'isor, 18; 
shall require bond of supervisor, 
18; to pay amount of uncollected 
taxes to collector, 61. 

Jourse of study, trustees to pre- 
scribe in common sckools. 52; 
board of education to prescribe 
in union schools, 79, 

Deaf and dimib, institutions for, 

115-16. 
Decisions of State Superintendent, 

public money may be withheld 

for disobedience of, 11; final, 89, 

loi. See also Appeals. 
Declaration of voters, see Voters. 
Deficiency, district to vote tax for, 

37- 

Deputy superintendent, appoint- 
ment and salar}^ 8; to act in case 
of vacancy in office of State Su- 
perintendent, 8-9; chief clerk may 
be appointed second deputy, 181. 

Diplomas, indorsement by Superin- 
tendent, 10. 

Discipline, trustees to prescribe rules 
for in common schools, 52; board 
of education to prescribe rules for 
in union schools, 79; corporal 
punishment, when permitted, 158. 

Disorderly persons, truants pro- 
ceeded against as, 125. 

Dissolution of school districts, in 
common school districts, by com- 
missioners, 31; common school 
districts adjoining union school 
districts, 88; imion school dis- 
tricts, method of procedure, 86-87. 



District attorney shall report fines 
and penalties to boards of super- 
visors, 20. 

District clerk, duties, 46-47 ; elec- 
tion, 36; election, section 7 of 
title 8 relating to not to apply to 
certain towns, 90; to call special 
election in districts of over 300, 
40-41; duties in election in dis- 
tricts of 300, 77; to notify per- 
sons elected or appointed to office, 
45 ; to record result of election as 
announced by inspectors in dis- 
tricts of 300, 78; to give notice 
of meeting, 34; to call special 
meeting when annual meeting is 
not held, 34; penalty for refusing 
to record names in districts of 
over 300, 40, 77; penalties for 
failure to preserve and deliver 
records, 47 ; penalties for failure 
to report officers elected to town 
clerk, 47; to keep poll list in dis- 
tricts of over 300, 40; removal 
from district, 33; duties in separ- 
ate neighborhoods, 118, 119; to 
administer oath to teachers, 55; 
teachers to deliver register to, 49; 
term of office, 44; trustee not 
eligible to office of, 44; trustees to 
file bond of treasurer with, 48; 
vacancy in office, how filled, 46; 
notice of appointment to fill va- 
cancy to be filed with, 46. 

District meetings, see School meet- 
ings. 

District officers, election, 35-36; elec- 
tion in districts over 300, 39; elec- 
tion disp.utes, how decided, 41 ; 
subject to fine for refusal to serve, 
46 ; subject to fine for wilful neglect 
of duty, 46; penalty for refusal to 
make report, 34; powers and 
duties, 33-36; proceedings when 
annual meeting not held, 34; 
qualifications, 44, 71-72; resigna- 
tions, 47; term of office, 41, 44; 
length of term when elected as 
special meeting, 34-35; vacancies 
in office, 45, 46. 



INDEX 



209 



District quotas, 13; districts en- 
titled to, 13-14. 

District treasurer, how appointed in 
union school districts, 70 ; bond, 37, 
7 1 ; to receive proceeds of sale of 
bonds, 47 ; compensation in union 
school districts, 70; to pay money 
only on drafts, 85; duties, 47-48; 
election, 36; eligibility, 36; pay- 
ment of moneys to, 47, 85; quali- 
fications, 70; to receive all money 
from supervisors in union schools, 
22 ; to be paid money for teachers' 
wages by supervisor, 2 2 ; term of 
office, 36, 44; trustee to notify 
treasurer and State Superintendent 
of failure to pay money, 55-56; 
trustee not eligible to office of, 44; 
vacates office by failure to give 
bond, 45, 71; vacancy in office of, 
how filled in union school districts, 
7 1 ; vacancy supplied by appoint- 
ment of trustee, 45, 46. 

Districts, excluded, allowance to, 14. 

Drawing, free instruction to be 
given, iio-ii; evening schools for 
instruction in, no. 

Education fund, 195-96. 

Educational qualifications, office in 
common school districts, 44; office 
in union school districts, 72. 

Employment of children, under com- 
pulsory education law, 122-23; ^^ 
street trades prohibited, 174. 

Employment of teachers, see Teach- 
ers. 

Enumeration, see Census. 

Estimates, accounts and expendi- 
tures, by State Superintendent, 10; 
board to present estimate of ex- 
penditures to annual meeting, 83 ; 
evening schools for instruction in 
drawing, in. 

Evidence, copies of, seal evidence 
equal with original, 9, 102. 

Examinations, in physiology and 
hygiene, 109; use of school build- 
ing for, 29 ; by school commis- 



sioners, 28; state certificates, 10; 
for state scholarships in Cornell 
University, 97. 

Executive sessions, board of educa- 
tion may hold, 84. 

Exemptions, clerk in certain 
counties, in manner of election, 90; 
Brooklyn not exempt from provis- 
ions of title 9,91. 

Exemptions from taxation, 60, 80, 
140, 149-52; dwelling house and 
land owned by religious corpora- 
tions, 149; pay, bounty and pen- 
sion money of soldiers and sailors 
and real property purchased there- 
with, 152; real property of re- 
ligious, charitable and educational 
corporations, 149-50. 

Expenditures, vote on, 38. 

Fees, see Salary and fees. 

Fines and penalties, apportionment 
of, 16; when apportioned by State 
Superintendent, 20; refusal of 
clerk to record names of voters, 40, 
77; neglect of clerk to preserve 
records, 47; for violation of com- 
pulsory education law, 121, 123; 
for the benefit of counties, 20; dis- 
trict attorney to report, 20; refusal 
of district clerk to deposit records 
with town clerks, 32 ; for neglect of 
district clerk to report to town 
clerk officers elected, 47 ; for failure 
of district officers to report, 34; for 
neglect or refusal of district officers 
to perform duties, 46; for refusal of 
district officers to serve, 46; draw- 
ing draft on supervisor in certain 
cases, 159; entering building un- 
lawfully, 159-60; altering or chang- 
ing entries, forgery in third degree, 
160; disobedience of fire drill law, 
186; failure of teacher to attend 
institute, 93-94; for failure to close 
school during institute, 93-94; in 
joint districts. 2 1 ; for wilful neglect 
or refusal to deliver books to libra- 
ries, 10 1 ; disturbing lawful meet- 
ings, 158; misappropriation etc. 



2IO 



NEW YORK STATE EDUCATION DEPARTMENT 



and falsification of accounts by- 
public officers, 158-59; refusal to 
serve notice, 33; neglect of public 
officers, 158; neglect or refusal of 
officers to sue for, shall forfeit 
amount of,. 102; attempting to 
prevent officers from doing duty, 
157; resisting officers, 157; refusal 
of officers to surrender to successor, 
157; to be paid to county treasurer, 
20; to whom paid, 29; violation of 
physiology law, 109; injury to 
records and misappropriation by 
ministerial officers, 158; to be re- 
ported to school commissioner, 
22-23; school commissioner to 
publish school books, sell furniture 
or receive gifts, 26 ; disobeying sub- 
poena of school commissioner, 29; 
sued for by supervisor, 22-23, suits 
for, 103 ; making false statements in 
reference to taxes, 159; violating 
textbook law, 105; trustees for 
paying unqualified teacher, 49 ; 
trustees for issuing order when no 
money is in collector's hands, 52, 
53 ; neglect or refusal of trustee to 
account, 56; for failure of trustees 
to care for code, 106 ; trustees inter- 
ested in contracts, 159 ; illegal vot- 
ing, 35-36, 40, 77; failure of dis- 
trict and trustee to provide water- 
closets, 53, 81-82, 

Fire drills, laws requiring, 185-86. 

Fire escapes, trustees and boards of 
education to provide, 53-54, 82, 

Fires, trustees to provide for build- 
ing, 54. ■ 

Flag to be displayed on school 
grounds, 177-78. 

Forest preserve, assessment and tax- 
ation of land in, 140. 

Fuel, district to furnish, 37; board 
of education to provide, 80. 

Furniture, district to furnish, 37; to 

[ be kept insured, 37, 79; board of 
education to provide, 80. 

Gifts, 18-19; acceptance by state of 
bonds, warrants etc., from other 



states, 189; board may hold for 
use of districts, 80; not invalid for 
want of competent trustee, 19; 
Legislature to control exclusively, 
19; to libraries, 100; to libraries 
and other educational institutions, 
190 ; local boards of normal schools 
may hold, 173; real and personal 
estate for use of common schools, 
18-19; State Superintendent to 
supervise, 19; trustees to render 
accounting to State Superintend- 
ent, 19. 

Globes, district to vote tax for, 37; 
trustees may purchase, 54. 

Gospel and school lots, supervisor to 
report to State Superintendent, 
19-20; State Superintendent to 
report in regard to, 20; super- 
visors made trustees of, 21; sold 
under certain conditions, 179. 

Gospel fund to be apportioned by 
supervisors, 179. 

Graduates of normal schools, see 
Normal school diplomas. 

Grants, see Library moneys; School 
moneys. 

Health and decency acts, 53, 81. 

High school, see Academic depart- 
ments. 

Holidays, part of school term, 13; 
defined, 155; anniversary day in 
Brooklyn schools, 156. 

Incorporated villages, see Villages. 

Indebtedness, see Bonded indebted- 
ness. 

Indians, not admitted to common 
schools, 48; appropriation of pub- 
lic money for, 13, 114; not in- 
cluded in census, 57; enumeration 
of children to be taken, 114; ex- 
penditures, vouchers and receipts 
to be filed with State Superintend- 
ent, 114; protection to title of 
land, 114; may be appointed to 
normal schools, 172-73; on res- 
ervations, compulsory education 
of, 190-94; State Superintendent 



INDEX 



211 



to provide for education of, 9 ; 
State Superintendent to employ 
superintendent of Indian schools, 
113; State Superintendent to re- 
quire reports of superintendents 
of Indian schools, 114; State 
Superintendent to report concern- 
ing, 114. 

Indorsement of diplomas and state 
certificates, 10. 

Industrial training, 111-12; in tru- 
ant schools, 125. 

Inspection of schools, by school com- 
missioner, 27; by State Superin- 
tendent, 9, 86; by boards of edu- 
cation, 84. 

Inspectors, common school. State 
Superintendent may appoint, 9; 
compulsory education law, 126; 
training class, 96. 

Inspectors of election, common 
school district, 36; district of 
over 300, 39, 77; canvass vote, 78. 

Institute conductors, State Super- 
intendent to appoint, 91. 

Institutes, see Summer institute; 
Teachers institutes. 

Insurance, board of education to 
insure schoolhouse, apparatus etc., 
79; of library, 51; normal school 
property, 171-72, 174; trustee to 
insure school property, 37, 50-51 

Janitor, trustee to provide, 54. 
Joint districts, see School districts. 
Judge, see County judge. 
Judgment for teachers' wages, how 
satisfied, 38. 

Kindergartens, free, 11 1; pupils en- 
titled to share in public money, 1 7_ 

Labor law, act amending, 174-75. 

Lanterns and slides for visual instruc- 
tion, 161-63. 

Laws repealed, 126-29. 

Librarian, board of education to 
appoint, 80 ; report when required, 
100; shall be responsible for safety 



and proper care of books, 100; 
teacher to be, 100; trustee not 
eligible, 44. 

Libraries, school: public libraries 
may take books of district libraries, 
100; persons having books in pos- 
session to deliver them to proper 
authorities, 100; penalty for re- 
fusal to deliver books, loi; when 
board of education may retain 
dictionaries etc., 100; gifts may 
be received for, 100, 190; inspec- 
tion by school commissioner, 27; 
insurance, 51, 79; law, all existing 
provisions applicable, 100; release 
of school authorities concerning, 
100; required books, 99; rules for 
management, 100; shall not be 
used as a public circulating library, 
99 ; public not entitled to use of 
school library, loi; to be kept in 
school building, 99 ; state teachers 
library, 181-82; board of educa- 
tion may transfer to free public 
library, 100, loi. 

Library moneys, acts relating to, 
181-83; apportionment, 13, 16, 
99, 183; requirements for share 
in apportionment, 99 ; apportioned 
by school commissioner, 16; ex- 
penditure, 99 ; gifts may be re- 
ceived for, 100; to be paid by 
supervisor, 22; set apart by 
school commissioners, 16; tax for 
raising, 37, 100; disposition of 
unapportioned moneys, 99 ; may 
be withheld from district or city 
using library money for other pur- 
poses, 10 1. 

Liquors, not to be sold near school- 
house, 201-2. 

Literature fund, 84, 195. 

Loans, charge upon counties, 12; 
State Superintendent and State 
Treasurer may borrow money 
when counties fail to pay, 12. 

Manual training in the public schools, 



212 



NEW YORK STATE EDUCATION DEPARTMENT 



Maps, district to vote tax for, 37. 
Meetings, see School meetings. 
Moneys, see Library moneys; School 
moneys. 



Natural history, free instruction in, 
161-63. 

New York city, considered one 
county, 13. 

New York State Asylum for Idiots, 
State Superintendent a trustee, 9. 

Nonresidents, may be admitted to 
common schools, 48; may be ad- 
mitted to union schools, 80; 
tuition fees, 80; state payment of 
tuition in academic departments, 
188. 

Normal school diplomas, annulment 
of, lo-ii, 28; issue of, 169; qualify 
to teach, 48, 169; from other 
states. State Superintendent may 
indorse, 10; State Superintend- 
ent to keep list of, 11. 

Normal schools, acts relating to, 
164-70; custody and preservation 
of buildings, 170-71; shall give 
free instruction in drawing, no; 
appointment of Indians to, 172-73 ; 
industrial training in, 112; insur- 
ance of property, 171-72, 174; 
local boards to accept money 
etc. for benefit of, 173; affidavit 
of principal concerning in- 
struction in physiology and 
hygiene, 109-10; conditions of 
paying public money to, 109; 
supervision by State Superin- 
tendent, 9; use of tuition 
money, 173; free instruction in 
vocal music, in. 

Oath of office of school commis- 
sioner, 25. 
Oaths, see Affidavits. 
Orphan schools, 113. 

Penal code, extracts from, 157-60. 
Penalties, see Fines and penalties. 



Pensions, for teachers who have 
taught 25 years, 196-98; in 
Rochester, 198-201. 

Physiology and hygiene, instruction 
in, 52, 79; law, 107-10; to be 
taught in normal schools, teachers 
training classes and teachers in- 
stitutes, 109; teachers to be ex- 
amined in, 28, 109. 

Pictorial instruction, 161-63. 

Poll list, to be kept in common school 
districts, 36, 40, 77; voters must 
correspond in number with, 78. 

President of board of education, elec- 
tion of, 70. 

Property, conveyance of, 190. See 
also Gifts; Trustees. 

Public health law, 139-40. 

Public Instruction, Superintendent 
of, see Superintendent of Public 
Instruction. 

Public libraries, formed from school 
libraries, 100, 10 1; conveyance of 
property to, 190. 

Public moneys, see Library moneys; 
School moneys. 

Pupils, 48-49; board of education to 
regulate admission, 79; school fees 
to, 48. See also Nonresidents. 

Qualifications of voters, in school 
districts, 35, 71; to be included in 
call for organizing union school, 
66. 

Railroad companies, collection of 
taxes, 147-48. 

Railroads, apportioning valuation 
of, 147. 

Receipts countersigned by Comp- 
troller, 196. 

Record book, tax for, 37. 

Regents, election, 3-4; no ex officio 
members, 3; number, 3; to give 
permission to collect books, etc., 
100; powers, 5; to regulate and 
visit academic departments, 85 ; to 
accept school libraries from boards 
of education for free public library, 



INDEX 



213 



100; office of Secretary abolished, 
5 ; Superintendent a Regent ex 
officio, 9; term of office, 4; vacan- 
cies in office, 4. 

Registers, see School registers. 

Removal of officers, school commis- 
sioner or other school officer re- 
movable by Superintendent, 1 1 ; 
member of board of education re- 
movable by board, 81 ; member of 
board of education removable by 
Superintendent, 86. 

Reports, board of education, 86; 
concerning districts under con- 
tract, 107; regarding gospel and 
school lots, 19-20; licenses an- 
nulled by school commissioner, 
28; school commissioner to Super- 
intendent, 29; annual report of 
Superintendent, 9-10; Superin- 
tendent to prepare blanks, forms, 
etc., for, 11; required by Super- 
intendent, 11; regarding money in 
hands of superintendent of poor, 
20; supervisor to report balance 
of sale to school commissioner, 32 ; 
treasurer, 48, 85; trustees, 56, 84; 
trusts reported to Superintendent, 
19 ; visiting committee of board of 
education, 84. 

Resignation of district officers, 47. 

Revocation of certificates, see Annul- 
ment of certificates. 

Rochester, pensioning retired teach- 
ers, 198-201. 

St Lawrence county, act to provide 
for uniform tax in, 152-55. 

Salary and fees, city and village su- 
perintendents, 83 ; collector, 64 ; 
Commissioner of Education, 4; 
deputy superintendent, 8; em- 
ployees, 9 ; inspectors of common 
schools, 9; assistant inspectors 
under compulsory education law, 
126; school commissioner, 12, 25; 
State Superintendent, 8; issuing 
subpoena, 29 ; supervisors, 175-76; 
supervisor and town clerk in cases 
of district alterations, 3 1 ; super- 



visor for equalizing assessments, 
59; expenses of town clerk, 24; 
town clerk for filing collector's 
bond, 63; compensation of treas- 
urer in union school districts, 70. 

Saloon not to be maintained near 
schoolhouse, 201-2. 

Savings banks, school, 176-77. 

Scholarships in Cornell University, 
96-99. 

School age, apportioning public 
money, 17; census, 57; enforce- 
ment of compulsory education 
law, 120-21, 191; Indian children, 
114; kindergarten pupils, 17; li- 
censing teachers, 28, 48; free 
tuition, 48. 

School apparatus, see Apparatus. 

School commissioner districts, 24; 
cities not included in, 24; divided 
and changed, 24; divided by board 
of supervisors, 160. 

School commissioners, may act for 
another, 26; acts may be appealed 
from, loi ; may take affidavits, 28; 
may annul certificates and report 
to Superintendent, 28; apportion 
public money, 15-18; appor- 
tion money collected by super- 
visor, 32; to have general over- 
sight of Arbor day exercises, 117; 
to fill vacancies in boards of edu- 
cation, 81; to inquire into school 
district boundaries, 26; alter boun- 
daries of union free school dis- 
tricts, 31 ; correct defective records 
of boundaries, 26; to state amount 
necessary for new building, 27; 
may require use of school build- 
ings, 29; public money certified to, 
15; may require attendance of 
other commissioners, 31; to hold 
Cornell scholarship examination, 
9 7 ; may order district clerk to 
deposit records with town clerk, 
3 2 ; may accept resignation of dis- 
trict officers, 46 ; duties as to school 
districts, 30-31, 69; full authority 
given in districts under special acts, 
33 ; consolidation of districts, 31-32 ; 



214 



NEW YORK STATE EDUCATION DEPARTMENT 



may dissolve school districts, 31, 
87; divide dissolved districts into 
original districts, 88; approve pro- 
ceedings for dissolving union school 
districts, 88 ; may make approval of 
dissolution conditional, 89 ; division 
of school districts, 30, 187; elec- 
tion, 24-29; certificate of election 
to be forwarded Superintendent 
by county clerk, 25; may call 
special election in districts of over 
300, 41, 78; eligibility, 24; expenses 
paid by board of supervisors, 26; 
may direct repairs to school fur- 
niture, 27; expenditures for re- 
pairs, 27 ; may direct new furniture 
to be bought, 27 ; expenditures for 
new furniture, 27; not to receive 
gift for influence, 26; may receive 
gifts for use of common schools, 19 ; 
inspection of schools, 27; duties 
relative to institutes, 92; right to 
hold institute in school building, 
9 2 ; payment of expense for insti- 
tute, 94; to carry unapportioned 
library money to succeeding year, 
99 ; to make good losses of moneys, 
102 ; to give notice of first meeting, 
33 ; to give notice of special meet- 
ing, 33; to give notice of meeting 
before time is fixed, 33; may call 
special meeting when annual meet- 
ing is not held, 3 4 ; minutes of meet- 
ing organizing union school to be 
filed with, 69; office continued, 24; 
to certify to provisions of physiol- 
ogy law, 109; powers and duties, 
24-29; removed by Superintend- 
ent, 11; may remove attendance 
officers, 123 ; resignation and vacat- 
ing office, 25; to report to Super- 
intendent, 29; to fi.le abstracts and 
reports with county clerk, 29 ; rules 
and regulations for, 29; salary, 
12, 25; salary withheld by Super- 
intendent, 26; not to be interested 
in publishing school books or selling 
school furniture, 26; may condemn 
schoolhouse, 27 ; to file with Super- 
intendent copy condemning school- 



house, 27; approve plans for ven- 
tilation, etc., of schoolhouses in 
union districts, 79; set off separate 
neighborhoods, 118; to give con- 
sent to change of site, 43 ; power to 
issue subpoenas, 29; to obtain from 
treasurer report of supervisors 
relative to money on hand, 21 ; may 
examine teachers and grant cer- 
tificates, 28, 33; examine charges 
against teachers, 28; may make 
recommendations to teachers and 
trustees, 27; Superintendent may 
revoke licenses issued by, 10; term 
and oath of office, 25; to take 
testimony in case of appeal, 29; 
to file duplicate order with town 
clerk, 32; duties relative to train- 
ing classes, 96 ; not eligible to office 
of trustee, 44; may direct trustees 
to abate nuisance, 27 ; may appoint 
trustee to fill vacancy, 45 ; direct 
trustees to make alterations and 
repairs, 27; to procure trustees, 
reports from town clerks, 29; 
vacancy in office, how filled, 25, 
School districts, alteration, 30-32; 
correcting boundaries or records 
a district charge, 26; may contract 
with adjoining districts for educa- 
tion of pupils, 106-7; entitled to 
quota when contracting for edu- 
cation of pupils, 106; description 
filed with town clerk, 30; dissolu- 
tion, 30-32 ; dissolution of common 
school districts adjoining union 
school districts, 31, 86-87 ; may dis- 
solve and annex to union school 
districts when trustees consent, 86- 
87 ; portion of dissolved district 
may be annexed to existing dis- 
trict, 31-32; dissolved districts to 
exist for finishing business, 32; 
can not be divided when having 
bonded indebtedness, 31, 87; 
formed by school commissioner, 
30-33; formation, alteration and 
dissolution of joint districts, 31; 
meetings, 33-35; when not en- 
titled to moneys, 17; supervisor 



INDEX 



215 



to sue for money due, 32 ; organiza- 
tion of new districts, :^:^; rights of 
property when consoHdated, 32; 
parted into portions, schoolhouses 
to be sold by supervisor, 32; pro- 
ceeds of sale to be apportioned 
among inhabitants, 32; under spe- 
cial acts not subject to provisions 
of districts of over 300,41. See also 
District clerk ; District officers ; Dis- 
trict quotas; District treasurer; 
School meetings; Trustees. 

School law, care of, 105-6; printing 
and distribution, 117. 

School libraries, see Libraries. 

School meetings, acts may be ap- 
pealed from, loi; adjournment, 
36, 68; annual meeting may pre- 
scribe method of giving notice of 
special meeting, 34; date of hold- 
ing annual meeting, 34, 39 ; date 
of holding in districts of over 300, 
75, 76 ; vote on increase or diminu- 
tion of members of board of edu- 
cation, 87; amount of collectors' 
and treasurers' bonds fixed by, 37 ; 
chairman and clerk appointed by, 
S6; to decide if district shall be 
dissolved or altered, 31; method 
of procedure to dissolve union 
school districts, 86-87; special 
meeting to dissolve union school 
districts, 88; held in dissolved dis- 
tricts, 32, 89; district treasurer to 
report to, 48; in districts of over 
300,75-78; provisions concerning 
districts of over 300 not to apply 
to certain counties, 78; division 
of union school district, 186; in- 
surance of school property author- 
ized by, 37; raising of money by 
instalments determined, 42 ; school 
commissioner to give notice of new 
districts, 33; proceedings altered 
by, 37; proceedings when annual 
meeting is not held, 34; powers as 
to school commissioner's estimate 
etc., 28; in common school dis- 
tricts, powers of, 36-39; held iri 
principal schoolhouse, 34, 39; de- 



termine material, size etc. of 
schoolhouse, 27-28; special meet- 
ing to consider building school- 
house, 27-28; designate school- 
house site at special meeting, 37; 
vote on change of site, 43 ; direct 
sale of former site and building, 
43 ; disposition of proceeds of sale 
of site directed by, 44; held in 
separate neighborhoods, 118; 
Superintendent may call special 
meeting, 34; designate textbooks, 
105; manner of changing text- 
books, 105; time of convening, 
S3, 38; authorize district trustee 
to employ relative, 51; number of 
trustees determined by, 44; pro- 
ceedings for forming union school, 
67-68; 

elections: 76-77; ballot boxes 
in districts of over 300, 78; form 
of ballots in districts of over 300, 
78; canvass of votes and declara- 
tion of results in districts of over 
300, 78; challenge of voters in 
districts of over 300, 77; declara- 
tion of voters in districts of over 
300, 77; disputes concerning elec- 
tion, 78 ; hours for holding election 
in districts of over 300, 76-77; 
inspectors of election appointed 
by, 36 ; Superintendent may order 
new election in districts of over 
300, 78; notice of election in dis- 
tricts of over 300, 39, 77; officers 
elected by, 36; penalty for illegal 
voting in districts of over 300, 77; 
clerk keeps poll list in districts of 
over 300, 77; special election in 
districts of over 300, 78; school 
commissioner and Superintendent 
to order special election, 78 ; deter- 
mine whether a treastirer shall be 
elected, 36; 

vote on taxes: 38, 73; for pur- 
chase of apparatus etc., 37; for 
conveying pupils, 38-39; for 
defending suits, 37; for deficien- 
cies, 37; for fuel, 37; for hiring 
and purchasing rooms, buildings 



2l6 



NEW YORK STATE EDUCATION DEPARTMENT 



etc., 37; to satisfy judgment, 38; 
for library, 37; to replace moneys 
lost or embezzled, 37; when vote 
to levy tax may be reconsidered, 
42; for record book, 37; vote to 
raise money in union school dis- 
tricts, how rescinded, 74; for 
teachers' wages, 38; for purchase 
of textbooks for poor children, 37. 

School moneys, account thereof to 
be rendered annually by treasurer 
in union schools, 85 ; power to 
borrow money, 12, 74-75; state 
school moneys defined, 12; educa- 
tion fund, 195-96; vote on expendi- 
ture of, 74; forfeiture of by reason 
of neglect, 102; public money on 
hand first Tuesday of March to 
be reported by supervisor, 2 1 ; 
amount reported by supervisors 
to be added, 16; Treasurer and 
Superintendent may borrow, 1 2 ; 

apportionment : by Commissioner 
of Education, 196; by school 
commissioners, 15-18, 32; by 
Superintendent, i i-i 5 ; applica- 
tion of, 84; certificate to county 
clerk, treasurer, commissioners 
etc., 15, 17; to cities and villages, 
84; deducted from next appor- 
tionment, 15; of dissolved dis- 
tricts, 89; when districts are not 
entitled to, 17; erroneous, 14-15; 
correction of errors, 17; drafts 
for money to be paid by president 
and countersigned by secretary 
or clerk in union schools, 84, 
85; drafts to name person pay- 
able to and purpose for in union 
schools, 84, 85; drawn from 
treasurer only on resolution of 
board in union schools, 84, 85; 
fines and penalties, 16; for 
Indian schools, 114; for kinder- 
garten pupils, iii; to orphan 
schools, 113; paid only on reso- 
lution of board, 84, 85; paid to 
treasurer in union schools, 85; 
payable to counties, 15; separate 
neighborhoods, 119; set apart to 



districts, 17; public money not 
to be paid by supervisor after 
first Tuesday in March, 21; who 
shall disburse when supervisor 
refuses to give security, 18; sup- 
plementary apportionment, 15; 
can not be paid unqualified 
teachers, 49; when paid for un- 
licensed teachers' wages, 14; 
for attendance at teachers in- 
stitute, 93 ; Commissioner of 
Education may withhold for 
failure to enforce compulsory 
education law, 126; Superinten- 
dent may withhold from districts 
for cause, 1 1 ; withheld for failure 
to comply with physiology law, 
109; may be withheld when li- 
brary money is used for other 
purposes, 10 1; may be withheld 
for disobedience of decisions of 
State Superintendent, 11. 

loss of: 102-5; shall be replaced, 
102-3; district to vote tax to 
replace, 37; which might have 
been collected, 65. 

See also Gifts ; Gospel and school 
lots; Library moneys. 

School officers, costs inactions, 103; 
neglect to sue for penalties, 102; 
qualifications, 71-72; Superin-* 
tendent may remove, 1 1 ; practice 
on application for removal of, 136- 
38; term of ojfifice, 41, 44. See also 
District officers. 

School registers. Superintendent to 
prepare, 1 1 ; teachers to keep 
record in, 55; affidavits by teach- 
ers to correctness of, 55. 

School savings banks, 176-77. 

School term, length, 13, 51. 

Schoolhouse sites, 41-44; acquire- 
ment, 90-91; board of education 
to purchase, 79; power of board 
of education of Brooklyn over, 
91; issue of bonds to purchase, 
73 ; power to borrow money to pay 
for, 73 ; how changed, 43 ; lands 
which can not be taken by con- 
demnation, 90; deed to be exe- 



INDEX 



217 



cuted by board, 80; designation 
of at school meetings, 37; designa- 
tion without vote, 82; described 
by metes and bounds, 37, 74; may 
be exchanged for other sites, 80; 
leased, etc., 37; money received 
for old site to be applied towards 
new, 44; vote to raise money for, 
how rescinded, 73; sale of former 
site, 43; may be sold by board 
when authorized by vote of dis- 
trict, 80; manner of raising tax for 
union schools other than city and 
village, 73; special notice required 
before voting tax for, 72 ; not sub- 
ject to taxation, 80; title already 
vested in board, 80; title to be 
vested in board of education in 
cities of less than 30,000, 91 ; vote, 
37, 74. 
Schoolhouses, 41-44; board of edu- 
cation to purchase or hire, 79 ; 
board of education to have pos- 
session of, 80; issue of bonds to 
purchase, 73; power to borrow 
money to pay for, 73; special 
meeting to consider building, 27; 
may be condemned by school com- 
missioner, 27; fire escapes, 53, 82; 
furniture, 37; furnished with fuel, 
etc., 37; hire, purchase etc., 37; 
insurance, 37, 50-51, 79; liquors 
not to be sold near, 201-2; 
vote to raise money for, how 
rescinded, 74; plans to be 
approved by Commissioner of 
Education, 41; repairs, 37, 54; 
tax for, approved by Commissioner 
of Education, 42 ; special notice re- 
quired before voting tax for, 72, 
74; manner of voting tax in union 
schools other than city and village, 
73; not subject to taxation, 80; 
title already vested in board, 80; 
shall not stand on town line, 41; 
use for school commissioner, 29; 
use for teachers institute, 92; use 
for other purposes, 55 ; ventilation, 

41,79- 
Seal of Superintendent, 9. 



Secretary of the Board of Regents, 
office abolished, 5. 

Separate neighborhoods, 118-20. 

Sites, see Schoolhouse sites. 

Southampton, union free school dis- 
trict no. II under consolidated 
school law, 194-95. 

Special acts, see under subject o] act. 

Special meetings, see School meetings. 

State certificates, annulled, 10, 28; 
indorsed by Superintendent when 
issued by other states, 10; law 
granting, 10; Hst kept by Superin- 
tendent, II. 

State scholarships in Cornell Univer- 
sity, 96-99. 

State Superintendent, see Superin- 
tendent of Public Instruction, 

State treasurer, 8; temporary loan 
made in connection with Superin- 
tendent, 12. 

Subjects taught under compulsory 
education law, 120. 

Subpoenas by school commissioners, 
29. 

Suits, see Actions. 

Summer institutes, 94-95. 

Superintendent of Public Instruction, 
affidavits taken by, 11; contracts 
with American Museum of Natural 
History, 162 ; appeals to, 10 1-2 ; ap- 
portionment of public moneys, 1 1- 
15; duties relative to Arbor day, 
117; may order special election to 
fill vacancy in boards of education, 
81; board of education to report 
when required, 86; board of edu- 
cation supervised by, 86; may re- 
move members of board, 86; bien- 
nial school census to be taken, 180- 
81; to grant teachers certificates, 
10; list of persons receiving cer- 
tificates and normal diplomas kept 
by, 11; certificates, etc. annulled 
by, 10; annulments noted by, 11; 
to appoint examiners etc. for state 
certificates, 10; clerks appointed 
by, 9; college graduate certificates 
issued by, 10; to settle dispute in 
regard to ordinary contingent ex- 



2l8 



NEW YORK STATE EDUCATION DEPARTMENT 



pense, 84; ex officio trustee of Cor- 
nell University, 9; duties relative 
to, Cornell scholarship examina- 
tion, 98; duties concerning deaf, 
dumb and blind institutions, 115- 
16; decisions final, 89, loi ; deputy, 
8; chief clerk as second deputy 
appointed by, i8i; may indorse 
diplomas from other states, 10; 
copies of proceedings of dissolved 
union schools filed with, 89; elec- 
tion, 8; to call special election in 
districts over 300, 41, 78; election 
disputes, powers concerning, 78; 
to apportion fines and penalties, 
20; to prepare program for salute 
to flag, 178; to receive gifts for use 
in common schools, 18-19; reports 
from officers relative to gospel 
funds, etc., 19-20; statement of 
gospel fund and money in hands of 
overseer of poor, 20; to provide 
for education of Indian children, 
9 , 113; to permit Indian children 
to enter public schools, 48; to 
order payment of tuition for In- 
dians in normal schools, 172; pow- 
ers as to teachers institutes, 91, 
9 2 ; to apportion public money to 
districts for institute week, 93; 
to prepare and distribute school 
laws, 117; duties relative to dis- 
trict library, 99-101; powers as 
to library moneys, loi; to issue 
temporary licenses, 10; may call 
special meeting when annual meet- 
ing is not held, 34; may authorize 
special meeting for forming union 
school district, 66; minutes of 
meeting organizing union school 
to be filed with, 69; ex officio 
trustee of New York State Asylum 
for Idiots, 9; duties relative to 
normal schools, 9, 164-70; may 
administer oaths, 11; office, 8; 
office abolished, 5 ; districts failing 
to comply with physiology law 
included in reports, 109; appeal to 
concerning physiology law, no; 
blank forms of affidavit regarding 



physiology law provided by, no; 
to furnish pictorial instruction, 
161; ex officio Regent of Univer- 
sity, 9; reports to Legislature, 9-10; 
to require reports, 11; to prepare 
registers, blanks, forms and regula- 
tions for making reports, etc., 11; 
salary* 8; may remove school com- 
missioner, 1 1 ; may fill vacancy in 
office of school commissioner, 25; 
may withhold payment of school 
commissioner's salary, 26; to in- 
struct school commissioner relative 
to reports by trustees in districts 
under contract, 107; official seal, 
9 ; to approve formation of separate 
neighborhoods, 118; to apportion 
public money to separate neigh- 
borhoods, 119; to appoint summer 
institutes ,94; amendment of tax list 
approved by, 65; term of office, 8; 
duties relative to training classes, 
95; training schools, 183; to order 
meeting for organizing union school 
in two or more districts, 68; va- 
cancy in office, how filled, 8; to 
visit common schools, 9 ; may ap- 
point persons to visit common 
schools, 9; may appoint persons 
to visit common schools, 9 ; 
to visit union schools, 86; to 
provide instruction in vocal 
music in teachers institutes, in; 
may withhold public money to 
enforce decision, n. 

Superintendents, see City and village 
superintendents. 

Supervision quota, 13. 

Supervisors, account to be furnished 
Superintendent by town clerk, 
23; costs in actions against, 103; 
to sit with school commissioner 
and town clerk in alteration pro- 
ceedings, 30; pay allowed in alter- 
ation proceedings, 31; acts may 
be appealed from, 10 1; apportion- 
ment of school moneys, 21-23; 
certificate of apportionment to, 
1 7 ; apportionment of library 
moneys, 22; to apportion money 



INDEX 



219 



arising from the sale of gospel 
lands, 179; assessments between 
districts l34ng in two or more 
towns, 59 ; balance reported to 
school commissioner, 32; unex- 
pended balances recharged, 16; to 
furnish bond, 18; penalty for re- 
fusal to give bond, 18; successor 
to give bond, 18; county treas- 
urer may sue bond, 18; to 
report money on hand to county 
treasurer, 16; application of pro- 
ceeds of dissolved districts, 32; 
may divide commissioner dis- 
tricts, 160; fees, 175-76; to report 
fines and penalties collected to 
school commissioner, 22-23; to 
sue for fines and penalties, 22-23; 
to receive gifts for use in common 
schools, 19 ; to report money in 
hands of overseer of poor, 20; 
when to receive public money, 
17-18; to sue for money due from 
school officers, 32; to receive pay 
for service, 59 ; powers and duties, 
21-23; to copy school commis- 
sioner's certificates and file with 
town clerk, 17; school commis- 
sioner's salary increased by, 25; 
charged with duties imposed upon 
commissioners of common schools, 
21; school commissioner's ex- 
penses audited by, 26; to act in 
erecting or altering school dis- 
tricts, 23; to sell schoolhouse and 
apply proceeds when district is 
dissolved , 32; to give notice of 
sale of schoolhouse, 32; to sum- 
mon supervisor from adjoining 
town when unable to agree on 
equalization, 59 ; to collect unpaid 
taxes for school districts, 61; to 
pay to collector unpaid taxes, 61; 
county treasurer to furnish board 
with certificate of unpaid taxes, 61 ; 
treasurer to demand rnoney of, 47 ; 
not eligible to office of trustee, 44; 
to sue trustee for not replacing 
lost edition of code, 106; trustee 
to notify treasurer and Superin- 



tendent of failure to pay money, 
55-56; to report trusts and gospel 
and school lots to Superintendent, 
19-20; charged with duties for- 
merly vested in trustees of gospel 
and school lots, 21; to ap rove 
renewal of warrants, 65. 
Supplementary apportionment of 
school moneys, 15. 

Taxes, how apportioned and as- 
sessed, 58; bank stock, 58, 142-47; 
board of education to levy in 
union schools other than city and 
village, 73-74; board of education 
may levy without vote, 83-84; 
collection of, common school dis- 
tricts, 58-66; collection, union 
school districts, 72-75 ; taking vote 
in common districts, 38; levy on 
counties to pay loan, 12; exemp- 
tions from taxation, 60, 80, 140, 
1 49-5 2 ; assessment of lands in 
forest preserve, 140-41; against 
incorporated companies, 60; es- 
tablishment and maintenance of 
industrial training, 112; may be 
raised in instalments, 72, 74; col- 
lection in instalments for school- 
house, 42 ; on land lying in one 
body etc., 58; against persons 
working land on shares, 60; 
against persons holding land un- 
der contract, 60; on nonresi- 
dent land, 58, 60; againstnon- 
residents having agents etc. on 
land, 60; property purchased 
with proceeds of pensions subject 
to taxation, 151; on personal 
property, 58 ; railroads, 147 ; special 
notice must be given for meeting 
voting tax for schoolhouses or sites, 
72, 74; costs in defending suits 
levied in certain cases, 103-5; tax 
list, how corrected, 65; delivery 
and filing of tax list, 66; heading 
of tax list, 58; against tenant for 
purchasing site, schoolhouse etc. 
to be paid by owner, 60 ; purchase 
of free textbooks in union schools, 



220 



NEW YORK STATE EDUCATION DEPARTMENT 



76; trustee may sue for, 65; un- 
collectible, district to vote to 
supply deficiency, 37; uniform in 
towns of St Lawrence county, 
152-55; manner of voting tax in 
union schools other than city and 
village, 73 ; unpaid, proceedings for 
collecting, 61-62; how levied in in- 
corporated villages and cities, 72- 
73; meeting may vote on items sepa- 
rately, 83 ; warrant for collection, 
62 ; warrant for collection executed 
in other towns, 64. See also 
Assessment ; School meetings ; also 
subjects for which taxes are voted. 
Teachers, 48-49; contract of em- 
ployment, 80-81; written contract 
given to, 107; dismissal, 51, 81; 
eligible to teach in grammar de- 
partments of cities, 184; employ- 
ment, 51, 8c-8i; examination in 
physiology and hygiene, 28, 109; 
attendance at institute, 93; to be 
notified by school commissioner 
of time and place of institute, 92; 
penalty for failure to attend in- 
stitute, 93-94; summer institutes 
free to, 94; kindergarten teachers 
licensed , 1 1 1 ; pensions , 1 9 6-2 o i ; 
qualified, quotas paid for, 13 ; quali- 
fied, defined, 48; record of attend- 
ance under compulsory law, 123; 
responsible for record kept, 49; to 
deliver register to clerk of dis- 
trict, 49 ; attendance of pupils kept 
in register, 55; verification of 
register, 55; removed for cause, 
8 1 ; to record visit of school com- 
missioner and other visitors, 55; 
to record facts required by super- 
intendent, 55; relationship to trus- 
tee, 51, 81; in schools for colored 
children, 113; 

wages: 14; apportionment for, 
1 2 ; claim for, 5 1 ; having taught 
25 years, additional compensa- 
tion, 196-98; money for pay- 
ment of, 16, 22; payment, 63; 
payable monthly, 52, 81, 107; 
not to be paid until record is 



verified, 55; can not be paid 
unless qualified, 49; tax for, 38, 
75; when unlicensed teacher may 
be paid, 14; unqualified, wages 
not collectible by tax, 49. 

Teachers' certificates, age at which 
certificates may be granted, 28, 
48; granted by school commis- 
sioner, 28; granted by school com- 
missioner in districts under special 
acts, 33; not granted unless ex- 
amination passed in physiology 
and hygiene, 28, 109; superinten- 
dent may grant and revoke, 10; 
Superintendent's certificate con- 
clusive evidence of qualification, 
10; revocation, 51; temporary 
licenses, 10; what constitutes valid 
certificates, 48. See also Annul- 
ment of certificates; College grad- 
uate certificates; Normal school 
diplomas; State certificates. 

Teachers institute, attendance at, 
counted part of school term, 14; 
appointment of conductors, 91; 
expense of holding, 94; law con- 
cerning, 91-95; instruction in vocal 
music may be given at, iii. 

Teachers licenses, see Teachers cer- 
tificates. 

Teachers training classes, law con- 
cerning, 95-96. 

Teachers training schools, 183-84. 

Temporary licenses, 10. 

Term of office, board of education in 
cities and villages, 69; board of 
education in union schools, 68; 
district officers, 44; district treas- 
urer, 36; officers elected at special 
election in districts of over 300, 
41; school commissioner, 25; State 
Superintendent, 8. 

Term, school, see School term. 

Textbooks, adoption of, 105; board 
of education to prescribe, 79 ; 
changes in, 105; requirements re- 
garding, to comply with physio- 
logy law, 108; 

free: board of education to 
furnish in certain cases, 79; dis- 



INDEX 



221 



trict to furnish to poor children, 
37; power of union school districts 
to v.3te, 76. 

Town auditing board, supervisors 
accounts laid before, 22. 

Town board, to appoint attendance 
officers, 123. 

Town clerk, to sit with super- 
visor and school commissioner in 
alteration proceedings, 30; pay 
allowed in alteration proceedings, 
31; fee for filing collector's bond, 
63; trustee to file collector's bond 
with, 63; records of dissolved 
districts to be deposited with, 32; 
description and number of dis- 
tricts filed with, 30; duties, 23-24; 
expenses and disbursements, 24; 
loss of moneys made good by, 102 ; 
order of school commissioner de- 
posited with, 32; to receive and 
file tax list and warrant, 66; 
minutes of meetings organizing 
union school to be filed with, 69. 

Training classes, see Teachers train- 
ing classes. 

Training schools, 183-84. 

Treasurer, see City treasurer; County 
treasurer; District treasurer. 

Truants, arrest under compulsory 
education law, 124; Indian chil- 
dren, 193; truant schools estab- 
lished and maintained, 124-26. 

Trustees, neglect or refusal of trustee 
to account, 56; to provide blank 
book for accounts and records, 54, 
55 ; actions by and against, 156-57 ; 
costs in actions by, 103; acts may 
be appealed from, 101; to report 
attendance of children, 57 ; to pro- 
vide ballot box in common school 
districts, 36; constitute board of 
education in union schools, 68; 
bodies corporate, 49; to file bond 
with district clerk, 48; to require 
and approve collector's bond, 63; 
to deliver collector's bond to town 
clerk, 63; penalty on collector's 
bonds recovered by, 66 ; to require 
and approve treasurer's bond, 47 ; to 



transmit reports regarding bonded 
indebtedness to clerk of board of 
supervisors, 43 ; power to borrow 
money, 74-75; to establish branch 
schools, 54-55; divided into three 
classes, 68 ; to hold custody of code 
of public instruction, 105-6, 117; 
may require collector to disburse 
public money, 63 ; to give teacher 
order on collector and treasurer, 
53; to continue in office to settle 
unfinished business, 32; may con- 
tract for conveyance of pupils, 39; 
must not be interested in con- 
tracts, 159; property held as cor- 
poration, 49; to prescribe course 
of study, 52; to execute deed for 
sale of former site, 43 ; to purchase 
dictionary, maps, globes etc., 54; 
consent to dissolution of district 
adjoining union school, 31; elec- 
tion, 44; election in common 
school districts, 36; manner of 
election in cities and villages, 69; 
may designate place of holding 
election 39 ; to call special election 
in districts of over 300, 40-41 ; not 
eligible to office of clerk, collector, 
treasurer or librarian, 44; school 
commissioner or supervisor not 
eligible to office, 44, 68; to pro- 
vide fire drills, 186; to provide for 
building fires and janitor work, 54; 
to provide fuel etc., 54; to keep 
furniture etc. in repair, 50; to re- 
ceive gifts for use in common 
schools, 19; to establish rules for 
government of schools, 52; to act 
as inspector in districts of over 
300, 39; duties relative to in- 
stitutes, 93; penalty for failure 
to close schools during institute, 
94; to insure school property, 37, 
50-51; joint, 44; report of joint 
districts, 57; to purchase lands, 
schoolhouse, etc., 50; board to 
meet upon notice, 50; meeting 
called by any member, 50; to 
designate place for holding annual 
meeting, 34; to call special meet- 



222 



NEW YORK STATE EDUCATION DEPARTMENT 



ings, 27, 34, So; to call special 
meeting for organizing union 
school, 66; to call special meeting 
when annual is not held, 34; to 
give notice of special annual and 
adjourned meetings, So; minutes 
of board evidence of notice, 49-So ; 
to give notice in other than village 
districts, 67 ; to keep account of all 
money received etc., S5', to pay 
balance of money to successor, s6; 
to divide public money, S2-S3; 
orders on supervisors, collector 
etc., for money issued by, $2; 
must make good loss of money, 
102 ; order can not be given unless 
money on hand, S2, S3', to notify 
treasurer and Superintendent 
when supervisor etc. fails to pay 
money, 5S-56; to pay all money 
to treasurer, 47 ; treasurer to pay 
money upon order of, 48 ; number, 
44; number to be elected at subse- 
quent meetings, 68; number in 
union school districts, 68; change 
in number, 87; orders signed by 
majority of, S3; to make affidavit 
relative to physiology law, 109; 
powers and duties, 49-S7; con- 
veyance of property to, 190; to 
make list of movable property be- 
longing to district, 5S; to make 
repairs and abate nuisances, S4', 
removal from district, 33; reports, 
107; to make annual report to 
district meeting, S6; to deliver re- 
port to town clerk, s6; to make 
annual report to school commis- 
sioner, s6; to report number of 
days school is kept, S6; to report 
receipts and payments, S6, S7 ', to 
report children residing in district 
June 30, S7; consent to alteration 
of school districts, 30; to levy tax 
for building schoolhouse etc., 28, 
42 ; not to levy tax for school- { 
house unless approved by Com- j 
missioner, 42; to contract for ; 
building schoolhouse if no tax is ! 
voted, 28; to hold custody of I 



schoolhouses etc., s°', to provide 
school with U. S. flag, 177-78; to 
take security for sale of site, 43 ; 
to grant use of school building to 
school commissioner, 29 ; sole trus- 
tee has all powers of board, 49; 
construction of outside stairways, 
53-54; to sue for money unpaid 
upon security, 43 ; to sue former 
trustees for money, s6; to require 
supervisor and town clerk to as- 
sist in hearing, 30; may raise 
money by tax, 55; to prefix item- 
ized heading to tax list, s8; to 
issue tax list, sS; to certify to 
county treasurer unpaid taxes, 61 ; 
to credit collector with taxes re- 
turned unpaid, 61; to sue for re- 
covery of taxes, 6s ; to deliver tax 
list and warrant to town clerk, 66; 
to levy tax for costs when directed 
by county judge, loS; to employ 
qualified teachers. Si; to make 
written contract with teacher. 
Si— 52, 107 ; can not hire teacher 
for less than 10 weeks, Si; can 
not hire teacher for more than one 
year in advance, 51; to determine 
term of employment of teachers, 
S2; dismissal of teacher, Si; re- 
lationship to teacher, Si, 81; rela- 
tive hired as teacher only upon 
two thirds vote, 51 ; to pay teacher 
monthly, S2, 107; to provide 
register for teachers' record, SS; 
order to pay teacher can not be 
drawn unless register is verified, 
SS', penalty for paying unqualified 
teacher, 49 ; responsible for teach- 
ers' wages if illegally employed, 51 ; 
to collect tax for teachers' wages, 
52; to collect balance of teachers' 
wages by tax, 53; to levy tax to 
pay judgment for teachers' wages 
without vote, 38; to call special 
meeting for voting tax to stay 
judgment for teachers' wages, 38; 
term of office, 44; term of office in 
union school districts, 68; term 
of office in cities and villages, 68; 



INDEX 



223 



to require report from treasurer, 
48; conclusion of two valid, 49; 
of union schools vacate ofitice by- 
accepting office of commissioner 
or supervisor, 68; neglect of duty 
or refusal to serve vacates office, 
45 ; vacancy in office, how filled, 
45 ; remaining trustees to act in 
case of vacancy, 50; existing 
trustee's office vacated, 68; to 
give notice of meeting for organ- 
izing union school in two or more 
districts, 67 ; to appoint competent 
physician to vaccinate children, 
139; to report number of children 
vaccinated and unvaccinated, 57; 
must be voters and able to read 
and write, 44; to make out and 
annex warrant to tax list, 50; re- 
newal of warrants, 64-65; to pro- 
vide water-closets, 53. See also 
Boards of education; School dis- 
tricts; Taxes. 

Trusts, see Gifts. 

Tuition, nonresident pupils, 48, 80; 
nonresident pupils in academic 
departments, state payment of, 
188; nonresident taxpayers, tax 
to be deducted, 48 ; normal schools, 
173; free to resident pupils, 48. 

Unification act, 3-5. 

Union school districts, academic de- 
partment established in, 80, 85; 
academy in district adopted by, 
85; academy leased and academic 
department maintained, 85; alter- 
ation and dissolution, 86-90; not 
corresponding to cities and vil- 
lages, may be altered by school 
commissioner, 87 ; number of mem- 
bers of board increased, 69-70, 87 ; 
members of board removed by 
Superintendent for cause, 86; 
board of education to m ake annual 
report, 86; board of education to 
make special report required by 
Superintendent, ?>6; board to ap- 
ply money apportioned to common 
schools, 84, 85; board to use 
money apportioned from litera- 



ture fund of academic depart- 
ments, 84; board of education re- 
ports estimate of expenses for 
coming year, 83 ; board not pre- 
vented from amending statement, 
83 ; board may hold executive 
sessions, 84; power to issue bonds, 
73; power to borrow money, 73, 
74-75; alteration of boundaries, 
31; Superintendent decides what 
are ordinary contingent expenses, 
84; designation of district by 
school commissioner, 69 ; method of 
procedure to dissolve districts, 86- 
87; shall not be dissolved under 
one year, 69 ; special meeting for 
dissolution, 88; two thirds vote 
necessary to dissolve, 88; division 
of dissolved district, 88; board of 
education to present to school 
commissioner certified copy of pro- 
ceedirigs of meeting of dissolved 
district, 88; division, 186-88; cer- 
tain districts and counties exempt 
from provisions relative to manner 
of election, 78; eligibility to office, 
71-72; to vote tax for establish- 
ing industrial training depart- 
ment, 112; annual meeting of 
board of education in, 75, 76; date 
of annual meeting, 75, 76; regula- 
tion meeting of board of educa- 
tion in, 84; meeting of board to 
be public, 84; meeting ordered 
by Superintendent, 66; notice of 
meeting, 66; manner of giving 
■notice in other districts, 67; man- 
ner of giving notice in villages, 
66-67 ; proceedings not illegal for 
want of notice, 67 ; expense of 
notice, 67-68; meeting of two or 
more districts, 67-68; meeting to 
vote on expenditures, St, ; organiza- 
tion, 66; number of votes neces- 
sary to organize meeting for 
forming union school, 68; filing of 
copy of request, notice, etc., for 
organizing, 69 ; proceedings of 
meetings to form, 68; resolution 
to form adopted, 68; action when 
motion_to organize is defeated, 69; 



224 



NEW YORK STATE EDUCATION DEPARTMENT 



another meeting can not be called 
within one year after negative 
action, 69; manner of calling 
special meeting, 75, 76; acts of 
meeting of may be appealed from, 
loi; provisions of title 8 apply to 
all union school districts except 
cities, 89-90; recognized as school 
district , 7 5 ; tax in incorporated cities 
and villages, 72 ; manner of raising 
tax, 73; manner of collecting tax, 
74; board may levy tax if district 
fails to vote, 83; power to raise 
tax for teachers' wages, 75; power 
to vote free textbooks, 76; meet- 
ing to organize may elect trustees, 
68; number of trustees elected, 68; 
trustees divided into classes, 68; 
term of office of trustees, 68 ; trus- 
tees constitute board of education, 
68 ; existing trustees office vacated, 
68; board of education to appoint 
visitation committee, 84; subject 
to visitation of Superintendent, 
86; vote to raise money, how re- 
cinded, 73, 74; vote required on 
each item separately, 83 ; qualifi- 
cations of voters given in notice, 
66. See also Boards of education. 
United States deposit fund, 11-12, 

13. 195 
University of the State of New York, 
act reorganizing, 3-5. 

Vacancies, boards of education, 81; 
office of clerk, collector, or treas- 
urer, 46, 71; Cornell scholarship, 
97-98; office of school commis- 
sioner, 25; in office of Superin- 
tendent, 8; office of trustee, 45. 



Vaccination, trustee to report num- 
ber of children vaccinated, 57; 
children to be vaccinated before 
admission to school, 139-40. 

Ventilation of schoolroom, 41-42, 79. 

Village superintendents, see City 
and village superintendents. 

Villages incorporated, districts can 
not be annexed to, 31; method of 
election of board of education, 69 ; 
term of office of board of educa- 
tion in union school districts corre- 
sponding with, 69; division of 
union school districts in territory 
of two, 186-88; money raised in 
to be paid into treasury, 84; man- 
ner of giving notice of organiza- 
tion of union school in, 66-67; 
provisions in districts of over 300 
do not apply, 41; tax for school 
purposes levied in, 72, 

Visual instruction, 161-63. 

Vocal music, free instruction in, iii. 

Voters, declaration when challenged, 
35, 40, 77; permitted to vote after 
making declaration, 35, 40, 77; 
penalty for illegal voting, 35-36, 
40, 77; qualifications, 35, 66, 71- 
72; women may vote, 35, 71. 

Votes, canvass of, 40. 



Wages, see Teachers, wages. 

Warrants, to collector by trustee, 50; 
collection of taxes, 62; delivery 
and filing, 66; executed in another 
town etc., 64; renewal, 64-65. 

Water-closets, 53, 81-82. 

Women permitted to vote at school 
meeting, 35, 71. 



IfcFe'Oe 



r\ 



^' 




